ACTION PLAN
FOR THE IMPLEMENTATION OF THE NATIONAL JUDICIAL REFORM STRATEGY FOR THE PERIOD 2013-2018
INTRODUCTION
The Action Plan for the Implementation of the National Judicial Reform Strategy for the period 2013-2018 (hereinafter referred to as the “Action
Plan“) determines specific measures and activities for the implementation of the National Judicial Reform Strategy for the period 2013-2018 (hereinafter
referred to as the “Strategy“) which the National Assembly adopted on a session held on July 1st, 2013. In Chapter IV of the Strategy, it is determined that the
Action Plan for the Implementation of the Strategy shall be adopted by the Government, and shall be annually updated.
The Action Plan defines strategic guidelines, measures and activities for the implementation of the Strategy; the competent authority responsible for implementing
the activities; deadlines for completion of the activities; sources of funds.
II. TABLE VIEW OF ACTION PLAN
1. PRINCIPLE: INDEPENDENCE
1.1 STRATEGIC GOAL: TRANSPARENT AND INDEPENDENT FUNCTIONING, IN FULL CAPACITY, OF BODIES THAT GUARANTEE
INDEPENDENCE AND AUTONOMY OF COURTS AND JUDGES AND AUTONOMY OF PUBLIC PROSECUTORS AND DEPUTY PUBLIC
PROSECUTORS (HIGH JUDICIAL COUNCIL AND STATE PROSECUTORIAL COUNCIL)
STRATEGIC GOAL INDICATORS:
1. Legally strengthened independence and competences of High Judicial Council and State Prosecutorial Council;
1. Clearly defined competences of the High Judicial Council and State Prosecutorial Council by the rules of procedure;
2. Filled capacities of the Administrative offices of the High Judicial Council and State Prosecutorial Council.
INDICATOR VERIFICATION SOURCES:
1. Adopted Law on amendments to the Law on High Judicial Council;
2. Adopted Law on amendments to the Law on State Prosecutorial Council;
3. Adopted Rules of Procedure of the High Judicial Council, Rules of Procedure of the State Prosecutorial Council;
4. Opinion of the Venice Commission;
5. Opinion of EU experts;
1
6. EU progress report for Serbia;
7. Analysis of the effects of the laws.
1.1.1 STRATEGIC GUIDELINE: FURTHER STRENGTHENING OF INDEPENDENCE, AUTONOMY, PROFESSIONAL AND
ADMINISTRATIVE CAPACITY OF THE STATE PROSECUTORIAL COUNCIL AND HIGH JUDICIAL COUNCIL FOR THE PURPOSE OF
ACHIEVING OF FULL INDEPENDENCE IN ACCORDANCE WITH EUROPEAN STANDARDS INCLUDING PREPARATION OF
CONSTITUTIONAL AMENDMENTS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishing of the working group
Fourth quarter 2013
Ministry in
Budget of
1.1.1.1
Preparation of the draft Law on
2. Preparation of the draft text of the
charge of
Republic of
amendments to the Law on High
Law
judiciary, High Serbia
Judicial Council for the purpose of
3.Public debate
Judicial
improved transparency and quality of
4. Directing of draft to the Government
Council
election process and providing court
protection regarding the decisions of this 5.Implementation of law amendments
institution
1. Establishing of the working group
Fourth quarter 2013
Ministry in
Budget of
1.1.1.2
Preparation of the draft Law on
2.Preparation of the draft text of the
charge of
Republic of
amendments to the Law on State
judiciary, State Serbia
Prosecutorial Council for the purpose of Law
3.Public debate
Prosecutorial
improved transparency and quality of
4.Directing of the draft to the
Council
election process and providing court
protection regarding the decisions of this Government
5.Implementation of law amendments
institution
2
1.1.1.3
1.1.1.4
Preparatory activities for amendments
of constitutional framework in the
direction of exclusion of the National
Assembly from the process of
appointment of court presidents, judges,
public prosecutors/deputy public
prosecutors and members of the High
Judicial Council and State Prosecutorial
Council; changes in the composition of
the High Judicial Council and State
Prosecutorial Council aimed at
excluding the representatives of the
legislative and executive branch from
membership in these bodies; obtaining a
degree from the Judicial Academy as an
obligatory precondition for assuming the
office of judge or prosecutor in the first
election
Transitional measures for strengthening
of independence
1. Establishing of the working group for
analysis of amendments of
constitutional framework
2. Professional debates on the need and
direction of amendments of
constitutional framework
3. Report on required amendments of
constitutional framework
4. Directing of the report on required
amendments on constitutional
framework to competent bodies
Continuously,
Strategy
beginning from
Implementation
fourth quarter of 2013 Commission
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
1. Preparation and directing to the
Government of the draft Law on
amendments to the Law on Judges and
Law on Public Prosecutor’s Office in
the direction that the High Judicial
Council /State Prosecutorial Council
propose to the National Parliament only
one candidate per position of
judge/deputy public prosecutor
Continuously,
beginning from third
quarter of 2013
Budget of
Republic of
Serbia
3
Ministry in
charge of
judiciary, High
Judicial
Council, State
Prosecutorial
Council
2. Preparation and directing to the
Government of the draft Law on
amendments to the Law on Judges and
Law on Public Prosecutor’s Office in
the direction that the High Judicial
Council /State Prosecutorial Council
propose to the Parliament/Government
only one candidate for court
president/public prosecutor
3. Preparation and directing to the
Government of the draft Law on
amendments to the Law on Judges in the
direction that presidents of courts may
be elected only for one mandate
4. Preparation and directing to the
Government of the draft Law on
amendments to the Law on the High
Judicial Council and Law on the State
Prosecutorial Council in the direction
that only one candidate may be
proposed to the National Parliament for
elected members of the High Judicial
Council /State Prosecutorial Council
4
1.1.1.5
Filling the capacities of the
Administrative Offices of the High
Judicial Council and State Prosecutorial
Council, based on newly adopted
criteria, in line with existing
systematization acts
1. Amending of bylaws on the internal
organization and systematization of jobs
in the Administrative Offices of the
High Judicial Council and State
Prosecutorial Council
2. Issuing of announcement for job
openings in the Administrative Offices
of the High Judicial Council and State
Prosecutorial Council
3. Establishing election commissions
4. Organizing of interviews with
candidates who fulfil the conditions
5. Employment of candidates based on
rankings
5
Continuously,
beginning from first
quarter of 2014
High Judicial
Council and
State
Prosecutorial
Council
Budget of
Republic of
Serbia
1.1.2 STRATEGIC GUIDELINE: DEFINING MORE PRECISELY SPECIFIC COMPETENCES OF THE HIGH JUDICIAL COUNCIL AND
STATE PROSECUTORIAL COUNCIL (E.G. HUMAN RESOURCE MANAGEMENT, STATISTICAL ANALYSIS), IMPROVEMENT OF
ORGANIZATIONAL STRUCTURE AND WORKING PROCEDURES FOR THE EXECUTION OF DUTIES OF THE HIGH JUDICIAL
COUNCIL AND STATE PROSECUTORIAL COUNCIL
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of the working group
Second quarter 2014 High Judicial
Budget of
1.1.2.1
Preparation of the new Rules of
for drafting Rules of Procedure
Council
Republic of
Procedure of the High Judicial Council
2. Preparation of the Draft of the Rules
Serbia
for more efficient fulfilment of legal
of Procedure
authorizations and obligations
3. Directing of the Draft of the Rules of
Procedure for comments and
consideration of comments
4. Adoption of the Rules of Procedure
1. Establishment of the working group
Second quarter 2014 State
Budget of
1.1.2.2
Preparation of the new Rules of
for drafting Rules of procedure
Prosecutorial
Republic of
Procedure of the State Prosecutorial
2. Preparation of the working Draft of
Council
Serbia
Council for more efficient fulfilment of
the Rules of Procedure
legal authorizations and obligations
3. Directing of the Draft of the Rules of
Procedure to comments and
consideration of comments
4. Adoption of the Rules of Procedure
6
1.1.3 STRATEGIC GUIDELINE: STRENGTHENING OF TRANSPARENCY OF THE STATE PROSECUTORIAL COUNCIL AND HIGH
JUDICIAL COUNCIL
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of the working group First quarter 2014
High Judicial
Budget of
1.1.3.1
Amendments to the internal acts of the
Council
Republic of
High Judicial Council in the direction of for drafting internal acts
2. Preparation of the drafts of the
Serbia
strengthening transparency of work,
internal acts
while respecting of rules on data
3. Directing of the drafts to comments
protection, right to privacy and victim
and consideration of comments
protection (public sessions, establishing
4. Adoption of the internal acts
of the minimum deadline for
professional debates before key
documents are adopted, minutes from
the sessions of the High Judicial Council
are posted on the web page, the decisions
of the High Judicial Council must have
written explanation, introduction of
regular press releases, adoption of the
Communication Strategy of the High
Judicial Council)
1. Establishment of the working group First quarter 2014
State
Budget of
1.1.3.2
Amendments to the internal acts of the
for drafting internal acts
Prosecutorial
Republic of
State Prosecutorial Council in direction
2. Preparation of the drafts of the
Council
Serbia
of strengthening transparency of work,
internal acts
while respecting of rules on data
7
3. Directing of the drafts to comments
protection, right to privacy and victim
and consideration of comments
protection (public sessions, establishing
4. Adoption of the internal acts
of the minimum deadline for
professional debates before key
documents are adopted, minutes from
the sessions of the State Prosecutorial
Council are posted on the web page, the
decisions of the State Prosecutorial
Council must have written explanation,
introduction of regular press releases,
adoption of the Communication Strategy
of the State Prosecutorial Council)
1.2 STRATEGIC GOAL: FULL INDEPENDENCE AND TRANSPARENCY OF JUDICIARY IN BUDGET AUTHORIZATIONS
STRATEGIC GOAL INDICATORS:
1. Improved ability of the managers in budget departments of the High Judicial Council and State Prosecutorial Council,
2. Improved ability of the managers in courts and public prosecutors' offices in the process of budget planning;
3. Improved coordination and consultation between High Judicial Council and State Prosecutorial Council and the Ministry and the Ministry of Finance;
4. Study of real needs in judiciary adopted;
5. Methodology for future estimates of financial needs of judiciary adopted.
SOURCE VERIFICATION INDICATORS:
1. High Judicial Council and State Prosecutorial Council participate in budget planning;
2. Study of real needs in judiciary
1.2.1 STRATEGIC GUIDELINE: STRENGTHENING OF PROFESSIONAL AND ADMINISTRATIVE CAPACITY OF THE HIGH JUDICIAL
COUNCIL AND STATE PROSECUTORIAL COUNCIL FOR PLANNING OF THE BUDGET FOR JUDICIARY (ESTABLISHING OF THE
NUMBER OF JUDGES, PUBLIC PROSECUTORS AND ASSISTING STAFF REQUIRED BY THE JUDICIAL SYSTEM, ANALYSIS OF THE
WORKLOAD AND LEGAL CHANGES)
8
No.
MEASURE
ACTIVITY
1.2.1.1
High Judicial Council and State
Prosecutorial Council participate in the
preparation of the budget for 2014 in
line with the existing legislation
Preparation of the study of real needs
of the judiciary
1.2.1.2
Strengthening of capacities of budget
departments and internal auditors in the
High Judicial Council and State
Prosecutorial Council
1.2.1.3
Introducing of financial planning,
improved preparation of budget
proposal and financial analysis of
resources required for the entire
judiciary, including execution of the
budget and reporting in the High
Judicial Council and State Prosecutorial
Council
1. Employment of internal auditors and
financial experts
2. Organization of continuous training
for the employees in the departments
for budget planning in the High
Judicial Council and State
Prosecutorial Council
1. High Judicial Council and State
Prosecutorial Council adopt Rules for
reporting and analysis of resources
required
2. Organized training for the judiciary
to improve the budget planning,
execution and reporting
9
DEADLINE FOR
COMPLETION OF
THE MEASURE
Third quarter 2013
Continuously,
beginning from fourth
quarter of 2013
Medium-term
COMPETENT
AUTHORITY
Ministry in
charge of
judiciary, High
Judicial
Council, State
Prosecutorial
Council
High Judicial
Council, State
Prosecutorial
Council
High Judicial
Council, State
Prosecutorial
Council
SOURCES
OF FUNDS
Budget of
Republic of
Serbia
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013
(2015-2017)
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013
(2015-2017)
1.2.2 STRATEGIC GUIDELINE: ANALYSIS AND DIVISION OF COMPETENCES BETWEEN THE HIGH JUDICIAL COUNCIL AND
STATE PROSECUTORIAL COUNCIL ON ONE SIDE AND THE MINISTRY
ON THE OTHER IN REGARDS TO COMPETENCES
RELATED WITH THE BUDGET
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
Medium-term
Ministry in
International
1.2.2.1
Preparation of the analysis on division of 1. Analysis of efficiency of budget
planning and enforcement related with
charge of the
assistance
competences of budget planning and
information technologies and capital
judiciary, High (MDTF)
enforcement
investments
Judicial
2. Analysis of efficiency of budget
Council, State
planning and enforcement related with
Prosecutorial
non-court/prosecutorial staff
Council
1. Preparation of new internal acts
Medium-term
High Judicial
Budget of
1.2.2.2
Preparation of the Rules of Procedure
regulating budgetary competences of
Council, State
Republic of
on planning of the budget of the High
Prosecutorial
Serbia
Judicial Council and State Prosecutorial High Judicial Council and State
Prosecutorial Council
Council
Council
Medium-term
Ministry in
Budget of
1. Amending of the normative
1.2.2.3
Change of the normative framework in
framework for the purpose of takeover
charge of
Republic of
order to transfer competence for
judiciary, High Serbia
of competence for adoption and
adoption and monitoring of the
Judicial
monitoring of the Court Rules of
implementation of the Court Rules of
Council
Procedure to the competence of the High Procedure and Rules of Administration
Judicial Council, and the competence for in the Public Prosecutor’s Office from
the Ministry of Justice and State
the adoption and implementation of the
Administration
Rules of Administration in the Public
2. The High Judicial Council and the
Prosecutor’s Office to the State
State Prosecutorial Council established
Prosecutorial Council
10
working groups for the preparation of
the Court Rules of Procedure and Rules
of Administration in the Public
Prosecutor’s Office
3. The High Judicial Council and the
State Prosecutorial Council establish
working group competent for
monitoring of the courts based on the
Court Rules of Procedure and Rules of
Administration in the Public
Prosecutor’s Office
1.2.3 STRATEGIC GUIDELINE: THE HIGH JUDICIAL COUNCIL AND STATE PROSECUTORIAL COUNCIL FULLY TAKE OVER
BUDGET AUTHORIZATIONS AND IMPLEMENT THEM IN A TRANSPARENT WAY
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. The High Judicial Council and State Medium-term
High Judicial
Budget of
1.2.3.1
Full transfer of budgetary authority on
Prosecutorial Council collect individual
Council, State
Republic of
High Judicial Council and State
budget related proposals from the
Prosecutorial
Serbia
Prosecutorial Council
courts and public prosecutors' offices
Council
2. Based on gathered proposals, the
High Judicial Council and State
Prosecutorial Council prepare the
budget proposal of the judiciary
11
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012,
USAID,
Programme of
Norwegian
bilateral
assistance of
the
Government
of the
Kingdom of
Norway)
1.3 STRATEGIC GOAL: STRENGTHENING OF ANALYTICAL CAPACITIES FOR STRATEGIC PLANNING IN THE HIGH JUDICIAL
COUNCIL AND STATE PROSECUTORIAL COUNCIL
STRATEGIC GOAL INDICATORS:
1. Establishing of the department for analytics within administrative offices of the High Judicial Council and State Prosecutorial Council;
2. Adoption of internal rules of High Judicial Council and State Prosecutorial Council on the analysis of the effects of application of "judicial laws" and
procedural and substantial laws.
INDICATOR VERIFICATION SOURCES:
1. Report on the work of the High Judicial Council and State Prosecutorial Council;
2. Semi-annual report of the High Judicial Council and State Prosecutorial Council on the analysis of the effects of application of "judicial laws" and
procedural and substantial laws;
3. Strategic Plan of High Judicial Council and Strategic Plan of State Prosecutorial Council;
1.2.3.2
Solving of the property related-legal and
infrastructural issues related to the
courts and public prosecutors' offices,
with the support of the Ministry in the
direction of total takeover of all
competences by the High Judicial
Council and State Prosecutorial Council
1. Establishing of the working group
for preparation of the evaluation and
analysis
2. Evaluation and analysis of
infrastructural and property related /
legal issues
3. Preparation of the report on
evaluation and analysis of
infrastructural and property related /
legal issues and submission of the
report to the Commission for
implementation of the Strategy
12
Medium-term
Ministry in
charge of
judiciary,
Strategy
Implementation
Commission
4. Annual reports on the results of work of the courts and public prosecutors’ offices.
1.3.1 STRATEGIC GUIDELINE: STRENGTHENING OF PROFESSIONAL CAPACITY OF THE HIGH JUDICIAL COUNCIL AND STATE
PROSECUTORIAL COUNCIL FOR THE ANALYSIS OF THE RESULTS OF THE REFORM (HIRING OF EXPERTS OF SUITABLE
PROFILES IN ADMINISTRATIVE OFFICES, DEVELOPMENT OF DATA COLLECTION SYSTEM, TRAINING OF THE MEMBERS OF
THE HIGH JUDICIAL COUNCIL AND STATE PROSECUTORIAL COUNCIL IN THE FIELD OF ANALYTICS, STATISTICS AND
STRATEGIC PLANNING)
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishing which profile of experts Medium-term
High Judicial
Budget of
1.3.1.1
Capacity strengthening of the
is required
Council, State
Republic of
administrative offices of the High
Prosecutorial
Serbia and
Judicial Council and State Prosecutorial 2. Publishing of the announcement
Council
international
Council in the field of strategic planning 3. Selection and hiring of relevant
experts
assistance
and analytics
(IPA 2013
(2015-2017)
1. Organization of training for the
Medium-term
High Judicial
Budget of
1.3.1.2
Strengthening of the capacities of the
members of the High Judicial Council
Council, State
Republic of
High Judicial Council and State
and State Prosecutorial Council in the
Prosecutorial
Serbia and
Prosecutorial Council in the field of
field of strategic planning and analytics
Council
international
strategic planning and analytics
2. Preparation of Strategic plans of the
assistance
High Judicial Council and State
(IPA 2013
Prosecutorial Council
(2015-2015)
13
1.3.2 STRATEGIC GUIDELINE: ANALYSIS OF THE RESULTS OF WORK OF COURTS AND PUBLIC PROSECUTORS' OFFICES AND
UNDERTAKING OF THE MEASURES PURSUANT TO THE RESULTS OF THE ANALYSIS FOR BETTER DEPLOYMENT OF HUMAN
RESOURCES IN JUDICIARY (DETERMINING THE REQUIRED NUMBER OF DEPUTIES, JUDGES AND EQUITABLE CASELOAD AND
ALLOCATION OF CASES)
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establish working body in the High
Medium-term
High Judicial
Budget of
1.3.2.1
Establishing of the working body of the
Judicial Council
Council
Republic of
High Judicial Council for undertaking
2. Preparation of the annual reports on
Serbia and
of the analysis of the results of work of
international
courts and undertaking of the measures the results of work of the courts
3. Defining of the measures for
assistance
pursuant to the results of work
improvement of the work of courts
(IPA 2012,
MDTF)
1. Establish working body in the State
Medium-term
State
Budget of
1.3.2.2
Establishing of the working body of the
Prosecutorial Council
Prosecutorial
Republic of
State Prosecutorial Council for
Council
Serbia and
undertaking of the analysis of the results 2. Preparation of the annual reports on
the results of work of the prosecutors’
international
of work of prosecutors’ offices and
assistance
undertaking of the measures pursuant to offices
3. Defining of the measures for
(MDTF)
the results of work
improvement of the work of
prosecutors’ offices
14
1.3.3 STRATEGIC GUIDELINE: ANALYSIS OF THE RESULTS OF IMPLEMENTATION OF THE "JUDICIAL LAWS “ (LAW ON JUDGES,
LAW ON PUBLIC PROSECUTOR'S OFFICE, LAW ON HIGH JUDICIAL COUNCIL, LAW ON STATE PROSECUTORIAL COUNCIL, LAW
ON JUDICIAL ACADEMY, LAW ON ORGANIZATION OF COURTS , LAW ON THE SEATS AND TERRITORIAL JURISDICTION OF
COURTS AND PUBLIC PROSECUTORS' OFFICES) AND AMENDING THEM PURSUANT TO THE RESULTS OF THE ANALYSIS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establish working bodies in the High First quarter 2014
High Judicial
Budget of
1.3.3.1
Establishing working bodies for
Judicial Council
Council, State
Republic of
monitoring of the results of
2. Establish working bodies in the State
Prosecutorial
Serbia
implementation of the "judicial laws"
Prosecutorial Council
Council
3. Establish working bodies in selected
courts and public prosecutors' offices
1. Establishing of the regular working
Periodically,
High Judicial
Budget of
1.3.3.2
Establishing of working groups for
Council, State
Republic of
analysis of the results and preparation of group of the High Judicial Council and beginning from
State Prosecutorial Council for the
medium-term
Prosecutorial
Serbia and
the reports on the results of
analysis of the result of implementation
Council
international
implementation of new laws in the
of new laws and preparation of
assistance
judiciary
proposals for changes of legal
(IPA 2012)
framework in the judiciary
2. Preparation of semi-annual reports
on the results of implementation of
new laws in the judiciary
15
1.3.4 STRATEGIC GUIDELINE: ANALYSIS OF THE RESULTS OF IMPLEMENTATION OF SUBSTANTIAL AND PROCEDURAL LAWS
(CRIMINAL PROCEDURE CODE, CIVIL PROCEDURE CODE, LAW ON ENFORCEMENT AND SECURITY, ETC.)
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establish working bodies in the High First quarter 2014
High Judicial
Budget of
1.3.4.1
Establishing of working bodies for
Judicial Council
Council, State
Republic of
monitoring of the results of
2. Establish working bodies in the State
Prosecutorial
Serbia
implementation of substantial and
Prosecutorial Council
Council
procedural laws
3. Establish working bodies in selected
courts and public prosecutors' offices
1. Establishing of the regular working
Periodically,
High Judicial
Budget of
1.3.4.2
Establishing of working groups for
Council, State
Republic of
analysis of the results and preparation of group of the High Judicial Council and beginning from
State Prosecutorial Council for the
medium-term
Prosecutorial
Serbia and
the reports on the results of
analysis of the result of implementation
Council
international
implementation of legal framework
of new laws and preparation of
assistance
proposals for amendments of legal
(IPA 2012)
framework
2. Preparation of semi-annual reports
on the results of implementation of
new laws
1.4 STRATEGIC GOAL: ESTABLISHING OF CLEAR, OBJECTIVE AND PREVIOUSLY ESTABLISHED CRITERIA FOR SELECTION,
ADVANCEMENT AND RESPONSIBILITIES OF THE HOLDERS OF JUDICIAL OFFICES
STRATEGIC GOAL INDICATORS:
1. Rules on the criteria for evaluation of the work of judges and public prosecutors is adopted,
16
2. Rules on the criteria for advancement of judges and public prosecutors is adopted
INDICATOR VERIFICATION SOURCES:
1. Rules on the criteria for evaluation of the work of judges and public prosecutors published in the Official Gazette of the Republic of Serbia,
2. Rules on the criteria for advancement of judges and public prosecutors’ published in the Official Gazette of the Republic of Serbia;
3. Report on the work of the High Judicial Council and State Prosecutorial Council
1.4.1 STRATEGIC GUIDELINE: FURTHER STRENGTHENING OF INTERNAL INDEPENDENCE OF JUDICIARY AND HOLDERS OF
JUDICIAL OFFICES THROUGH STRENGTHENING OF OBJECTIVE AND TRANSPARENT CRITERIA AND PROCEDURES IN ALL
STAGES OF JUDICIAL CAREER
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
Fourth quarter 2013
State
Budget of
1.4.1.1
Improvement of the procedures for first 1. Preparation of Draft Rules on the
criteria for evaluation of the work of
Prosecutorial
Republic of
election, appointment for permanent
Council, High
Serbia and
office and advancement in the career for judges and public prosecutors
(including the judges and public
Judicial Council international
judges and public prosecutors/deputies
assistance
prosecutors who are elected for the first
time)
(ОSCE)
2. Preparation of Draft Rules for the
first election of judges and deputy
public prosecutors
3. Preparation of the criteria for
advancement of judges and public
prosecutors
4. Professional debate
5. Adoption of the Rules on the criteria
17
1.4.1.2
1.4.1.3
for evaluation of work of judges and
public prosecutors and criteria for
advancement of judges and public
prosecutors
1. Employment and training of
Development of institutional capacities
additional experts in the Department
of the High Judicial Council and State
for election and evaluation of work of
Prosecutorial Council for the first
judges of the Administrative office of
election, appointment to permanent
offices, and advancement in the career of the High Judicial Council
2. Monitoring of the results of work of
judges and public prosecutors
the Department for election and
evaluation of work of judges
3. Employment and training of
additional experts in the Department
for election and evaluation of work of
deputy public prosecutors and public
prosecutors in the Administrative
Office of the State Prosecutorial
Council
4. Monitoring of the results of work of
the Department for election and
evaluation of work of deputy public
prosecutors and public prosecutors
Transparent process of election of court 1. Determination of objective and
measurable criteria for the selection of
presidents pursuant to established
court presidents
objective and measurable criteria
2. Implementing of the election of
18
Continuously,
beginning from first
quarter of 2014
State
Prosecutorial
Council, High
Judicial Council
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter 2013
High Judicial
Council
Budget of
Republic of
Serbia
presidents of the court whose
jurisdiction does not change
1.4.2. STRATEGIC GUIDELINE: ESTABLISHING OF THE JUDICIAL ACADEMY AS THE MANDATORY PRECONDITION FOR FIRST
ELECTION OF THE HOLDERS OF JUDICIAL OFFICES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishing of the working group
Continuously,
Ministry in
Budget of
1.4.2.1
Preparatory activities for amendments
for
the
analysis
of
amendments
of
beginning
from
first
charge
of
Republic of
of constitutional framework in order to
constitutional framework
quarter of 2014
judiciary,
Serbia and
enable establishing of the Judicial
Strategy
international
Academy as mandatory precondition for 2. Professional debates on needs and
direction of amendments of
Implementation assistance
first election of the holders of judicial
constitutional framework
Commission
(MDTF)
offices
3. Report on required amendments of
constitutional framework
4. Directing of the report on required
amendments on constitutional
framework to competent bodies
Continuously,
Ministry in
Budget of
1.4.2.2
Preparatory activities for amendments
1. Establishing of the working group
beginning from first
charge of
Republic of
of normative framework in order to
for the analysis of amendments of
quarter of 2014
judiciary,
Serbia
enable establishing of the Judicial
normative framework
Strategy
Academy as mandatory precondition for 2. Professional debates on needs and
Implementation
first election of the holders of judicial
direction of amendments of normative
Commission
offices
framework
3. Report on required amendments of
normative framework
19
4. Directing of the report on required
amendments of normative framework
to competent bodies
1.5 STRATEGIC GOAL : ESTABLISHING OF THE CAREER RELATED SYSTEM FOR THE HOLDERS OF JUDICIAL OFFICES
STRATEGIC GOAL INDICATORS:
1. High Judicial Council and State Prosecutorial Council adopted internal acts on promotion of judicial/prosecutors’ profession;
2. High Judicial Council and State Prosecutorial Council adopted the Rules on the criteria for evaluation of the work of judges and public prosecutors,
Rules on the criteria for advancement of judges and public prosecutors;
3. Adopted amendments to the Law on Judges, Law on Public Prosecutor’s Office and Law on Judicial Academy in order to define status of judicial and
prosecutors' assistants;
4. Adopted amendments to the Law on Misdemeanours.
INDICATOR VERIFICATION SOURCES:
1. Internal acts of the High Judicial Council and State Prosecutorial Council on promotion of judicial/prosecutors’ profession;
2. Rules on the criteria for evaluation of the work of judges and public prosecutors and the Rules on the criteria for advancement of judges and public
prosecutors;
3. Law on amendments to the Law on Judges, Law on Public Prosecutor’s Office and Law on Judicial Academy that define status of judicial and
prosecutor’ assistants;
4. Law on amendments to the Law on Misdemeanours;
1.5.1 STRATEGIC GUIDELINE: ENCOURAGEMENT, STRENGTHENING AND MAINTAINING THE QUALITY OF HUMAN RESOURCES
IN JUDICIARY, ESPECIALLY THROUGH IMPROVEMENT OF THE SYSTEM OF PROFESSIONAL EVALUATION AND MANAGEMENT
OF HUMAN RESOURCES
20
No.
MEASURE
ACTIVITY
1. Organization of monthly guest
lecturers of renowned judges and
public prosecutors in law schools
2. Organization of promotions outside
of the educational system
1.5.1.1
Promotion of judicial/ prosecutors’
profession in law schools
1.5.1.2
1. Volunteering period (payment of the
Motivation for the inclusion of the best
law school students in the judicial system volunteering compensation and
contributions)
2. Ensuring competitiveness of salaries
of judicial office holders
1. Establishing of the working group
Defining of the status of judicial and
prosecutors' assistants for the purpose of for the analysis of the position of
judicial and prosecutors' assistants
protection of their acquired rights,
2. Professional debates on the needs
considering the changes of conditions
prescribed for the election of the holders and direction of the changes of the
status of judicial and prosecutors'
of judicial offices
assistants
3. Preparation of the report on defining
of the status of judicial and prosecutors'
assistants
1. Establishing of the working group
Amending of the normative framework
1.5.1.3
1.5.1.4
21
DEADLINE FOR
COMPLETION OF
THE MEASURE
Continuously,
beginning from
medium-term
COMPETENT
AUTHORITY
SOURCES
OF FUNDS
Law faculties,
High Judicial
Council, State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
Continuously,
beginning from
medium-term
State
Prosecutorial
Council, High
Judicial Council
Budget of
Republic of
Serbia
First quarter 2014
Strategy
Implementation
Commission
Budget of
Republic of
Serbia and
international
assistance
Medium-term
Strategy
Budget of
for the analysis of the position of lay
judges
2. Professional debates on
improvement of the position of the lay
judges
3. Preparation of the report with
recommendations for the improvement
of the status of lay judges
1.5.2 STRATEGIC GUIDELINE: IMPROVEMENT OF THE POSITION OF MISDEMEANOUR JUDGES
DEADLINE FOR
No.
MEASURE
ACTIVITY
COMPLETION OF
THE MEASURE
1. Establishing of the working group
Medium-term
1.5.2.1
Changes of normative framework for
for analysis of required changes of
the purpose of improvement of the
normative framework for the purpose
position of misdemeanour judges
of improving of the position of
misdemeanour judges
2. Professional debates on the
improvement of the position of
misdemeanour judges
3. Preparation of the report with
proposed changes for the improvement
of the position of misdemeanour judges
for the improvement of the position of
lay judges
22
Implementation
Commission
COMPETENT
AUTHORITY
Strategy
Implementation
Commission
Republic of
Serbia
SOURCES
OF FUNDS
Budget of
Republic of
Serbia and
international
assistance
(USAIDJRGA)
ND
2
II. TABLE VIEW OF ACTION PLAN
PRINCIPLE: IMPARTIALITY AND QUALITY OF JUSTICE
2.1. STRATEGIC OBJECTIVE: ADHERENCE TO STANDARDS OF PROFESSIONAL ETHICS AND INTEGRITY
STRATEGIC OBJECTIVE INDICATORS:
1. Amended laws in the respecting of standards of professional ethics and integrity;
2. High quality and impartial integrity plans in accordance with the Law on the Anti-Corruption Agency and the guidelines of the Anti-Corruption Agency
that are being implemented;
3. Data on cases with elements of corruption
4. Data on disciplinary proceedings
5. The level of transparency and professional ethics in the judicial system
SOURCES OF VERIFICATION OF INDICATORS:
1. The published law and bylaw, and reports and opinions relating to the Draft Law;
2. Annual progress reports for the Republic of Serbia in the European integration process, Resolutions of the European Parliament on the European
integration process of the Republic of Serbia, Analytical reports of SIGMA missions - joint initiative of the Organization for Economic Cooperation
and Development and the European Union, Reports of European Commission experts following peer-based assessment missions in the field of rule of
law
3. Reports of the Council of Europe GRECO committee (Group of States against Corruption)
4. Reports and data from the Republic Public Prosecutor’s Office (RPPO) and the Supreme Court of Cassation (SCC)
5. Availability of information to the public, websites of judicial institutions and results of conducted public opinion polls
2.1.1 STRATEGIC GUIDELINE: MONITORING OF THE IMPLEMENTATION OF INTEGRITY PLANS IN JUDICIARY WHICH ARE
FULLY ADAPTED TO THE JUDICIAL SYSTEM AND THEIR IMPROVEMENT
23
No.
MEASURE
ACTIVITY
2.1.1.1.
Drafting of the Law on Amendments to
the Law on the Anti-Corruption Agency
– provisions relating to integrity plans
and the respective powers of the Agency
2.1.1.2.
Development of a Questionnaire related
to the Integrity Plan adapted to the
judicial system
2.1.1.3.
Trainings on integrity and ethics are
conducted
2.1.1.4.
Monitoring of the implementation of the
1. Establishment of the working
group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. The Anti-Corruption Agency, in
cooperation with the High Judicial
Council and State Prosecutorial
Council, identifies the most sensitive
issues
2. Research and surveys are conducted
3. Development of a Questionnaire
1. Support of EU experts to the
Judicial Academy and the Education
Division of the Anti-Corruption
Agency
2. Development of a detailed training
curriculum
3. Implementation of the training
1. Familiarization of all employees
24
DEADLINE FOR
COMPLETION OF
THE MEASURE
First quarter 2014
COMPETENT
AUTHORITY
SOURCES
OF FUNDS
Ministry in
charge of
judiciary,
Budget of
Republic of
Serbia
Medium-term
Anti-Corruption
Agency, High
Judicial Council
and State
Prosecutorial
Council
Budget of
Republic of
Serbia and ,
international
assistance
(IPA 2013)
Continuously,
beginning from
medium-term
Anti-Corruption
Agency, Judicial
Academy
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013)
Continuously,
Ministry in
Budget of
Integrity Plan
2.1.1.5.
Development of an action plan for
improving the integrity and ethical
conduct of judges and public
prosecutors and amendments to the
Code of Ethics of Judges and adopting
of an Code of Ethics for Public
Prosecutors and Deputy Public
Prosecutors
with the integrity plan
2. The manager of the institution
designates the person responsible for
implementing the integrity plan
3. A Final Report is drafted if it
contains supplements, comments and
suggestions related to the drafted
integrity plan
4. Measures and activities for
improving the integrity of the
institution are proposed – the person
responsible for implementing the
integrity plan who monitors the
implementation, efficiency and results
of proposed measures for improving
the integrity of the institution
1. The High Judicial Council and State
Prosecutorial Council develop and
update plans for further improvement
of measures necessary to strengthen
the integrity and improve conduct in
accordance with international and EU
ethical standards
2. Enacting of amendments to the
Code of Ethics of Judges
3. Enacting of the Code of Ethics for
Public Prosecutors and Deputy Public
25
beginning from
medium-term
charge of
judiciary,
Supreme Court
of Cassation,
Republic Public
Prosecutor’s
Office, all courts
and public
prosecutor’s
offices
Republic of
Serbia and
international
assistance
Continuously,
beginning from third
quarter of 2013
High Judicial
Council, State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
Prosecutors
1. The drafted list of planned measures Medium-term
is submitted to the Anti-Corruption
Agency
Ministry in
Budget of
charge of
Republic of
judiciary,
Serbia and
Supreme Court
international
of Cassation,
assistance
Republic Public
Prosecutor’s
Office, all courts
and public
prosecutor’s
offices
2.1.2 STRATEGIC GUIDELINE: DEFINITION AND APPLICATION OF EFFICIENCY INDICATORS AND ASSESSMENT OF RESULTS OF
PROPOSED MEASURES FOR IMPROVING INTEGRITY, AS WELL AS ENABLING COURT USERS AND GENERAL PUBLIC TO HAVE
INSIGHT INTO ADHERENCE TO HERE DEFINED INTEGRITY STANDARDS AND TO REPORT ON THEIR VIOLATION
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
1. Oversight of implementation of
Continuously,
Ministry in
Budget of
2.1.2.1.
Defined indicators of efficiency of
measures for improving integrity is
beginning from
charge of
Republic of
proposed measures for improving
assumed by the person responsible for medium-term
judiciary,
Serbia
integrity
implementation of the integrity plan,
Supreme Court
who reports to the management on the
of Cassation,
implementation results.
Republic Public
2. The manager of the institution
Prosecutor’s
regularly monitors the implementation
Office
of the integrity plan and, together with
2.1.1.6.
Development of an Integrity Plan in
accordance with improved procedures
26
2.1.2.2.
Evaluation of results of proposed
measures for improving integrity
2.1.2.3.
Transparent measures and a policy that
enables court users and the general
public to have insight into adherence to
integrity standards and the possibility to
report all cases of their infringement
the person responsible for
implementation of the integrity plan,
prepares efficiency indicators and
evaluates the results of proposed
measures for improving integrity.
1. The manager of the institution takes
a decision on drafting a new integrity
plan once in every three years
following the last adopted integrity
plan of the institution, or earlier, if in
the manager’s or in the Agency’s view
the institution’s integrity has been
eroded.
2. Periodic filing of reports on the
implementation of anti-corruption
measures within his/her purview
1. Publication of information on the
measures taken to prevent corruption
(e.g. implementation of measures from
the National Anti-Corruption Strategy
for the period 2013-2018, introduction
of integrity plans)
2. Publication of information on
petitions and procedures conducted to
establish the accountability of judicial
office holders for violation of
regulations or codes of ethics.
27
Medium-term
Ministry in
charge of
judiciary,
Supreme Court
of Cassation,
Republic Public
Prosecutor’s
Office
Budget of
Republic of
Serbia
Medium-term
Ministry in
charge of
judiciary,
Supreme Court
of Cassation,
Republic Public
Prosecutor’s
Office
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013)
3. Publication of decisions of public
prosecutor’s offices and courts on the
Internet
1. All exceptions are clearly defined
High Judicial
Budget of
Council, State
Republic of
Prosecutorial
Serbia
Council
1. Analysis relating to the choice of
Budget of
Long-term
Ministry in
2.1.2.5.
Development of websites that allow
charge of
Republic of
access to all data that are not marked as software support
2. Clear definition of the type of data
judiciary,
Serbia and
confidential
that will be available
Supreme Court
international
3. Installation of required software
of Cassation,
assistance
applications
Republic Public (USAID,
Prosecutor’s
OSCE, GIZ,
Office, High
Legal reform
Judicial Council, project and
State
other
Prosecutorial
projects)
Council
2.1.3 STRATEGIC GUIDELINE: PREPARATION OF CODES OF ETHICS IN ACCORDANCE WITH INTERNATIONAL AND EUROPEAN
STANDARDS AND THEIR FULL IMPLEMENTATION
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
1. Preparation of a code of
Medium-term
Supreme Court
Budget of
2.1.3.1.
Improved standards of professional
professional ethics in accordance with
of Cassation,
Republic of
ethics
international and European standards
Republic Public Serbia
2.1.2.4.
Improved rules relating to the holding
of closed meetings
28
Medium-term
2.1.3.2.
Regular surveys are conducted in order
to identify unethical conduct of
judges/public prosecutors in
cooperation with other institutions
2.1.3.3.
Organization of periodic discussions –
seminars on rules of integrity and ethics
2. Full implementation of the code of
ethics
3. Disciplinary prosecutors in the High
Judicial Council and the State
Prosecutorial Council are fully set up
and act in accordance with their
powers
4. The public is informed about the
ethical and unacceptable professional
conduct of judicial office holders
1. Definition of the time frame for
conducting the surveys
2. Definition of the content of surveys
3. Analysis of the results of conducted
surveys
4. Preparation of the report on the
results of conducted surveys (after
each conducted survey)
1. Definition of a time frame for
holding the discussions
2. Definition of general issues
3. Preparation of a report following the
discussions
29
Prosecutor’s
Office, High
Judicial Council,
State
Prosecutorial
Council
Continuously,
beginning mediumterm
High Judicial
Council, State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
Continuously,
beginning mediumterm
High Judicial
Council, State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
2.2 STRATEGIC OBJECTIVE: INTRODUCTION OF TRANSPARENT MEASURES FOR PREVENTION OF CONFLICT OF INTEREST
STRATEGIC OBJECTIVE INDICATORS:
1. Revised laws in the field of prevention of conflict of interest
2. Number and structure of cases of conflict of interest of judicial office holders
SOURCES OF VERIFICATION OF INDICATORS:
1. The published laws and Annual Progress Reports for the Republic of Serbia in the European integration process, Resolutions of the European
Parliament on the European integration process of the Republic of Serbia, Analytical reports of SIGMA missions - joint initiative of the Organization
for Economic Cooperation and Development and the European Union, reports of European Commission experts following peer-based assessment
missions in the field of rule of law
2. Reports of the GRECO committee (Group of Countries Against Corruption)
3. Reports of the High Judicial Council, State Prosecutorial Council and the Anti-Corruption Agency
2.2.1 STRATEGIC GUIDELINE: IMPROVEMENT OF NORMATIVE PROVISIONS RELATED TO CONFLICT OF INTEREST IN
ACCORDANCE WITH INTERNATIONAL AND EUROPEAN STANDARDS AND CONSISTENT IMPLEMENTATION OF LEGISLATION
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
Medium-term
Ministry in
Budget of
2.2.1.1.
Analysis of normative provisions related 1. Establishment of a working group
2. The analysis has been conducted
charge of
Republic of
to conflict of interest
and the priorities defined
judiciary,
Serbia, and
Supreme Court
international
of Cassation,
assistance
Republic Public (IPA 2013)
Prosecutor’s
Office, High
Judicial Council,
30
State
Prosecutorial
Council
2.2.1.2.
Drafting of the Law on Amendments to
the Law on Judges
2.2.1.3.
Drafting of the Law on Amendments to
the Law on Public Prosecutor-s Office
2.2.1.4.
Drafting of the Law on Amendments to
the Criminal Procedure Code
2.2.1.5.
Drafting of the Law on Amendments to
the Law on the Anti-Corruption Agency
1. Continuation of the work of the
working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. Continuation of the work of the
working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. Continuation of the work of the
working group
2. Preparation of the draft of the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. Establishment of the working group
2. Preparation of the working text of
the Law
31
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
2.2.1.6.
Drafting of the Law on Amendments to
the Law on Civil Servants
3. Public debate
4. Submission of the Draft Law to the
Government
1. Establishment of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. Representatives of competent bodies
prepare periodic analyses within the
purview of the respective
body/institution
2. Preparation of a Report based on the
conducted analyses
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Budget of
Supreme Court
of Cassation,
Republic of
Republic Public Serbia
Prosecutor’s
Office all courts
and public
prosecutor’s
offices
2.2.2 STRATEGIC GUIDELINE: ESTABLISHMENT OF RULES AND MECHANISMS RELATED TO THE CONTROL OF CONFLICT OF
INTEREST, CONTROL OF ASSETS AND PERIODICAL CONTROLS OF COMPLIANCE WITH THE OBLIGATION OF ASSETS
DECLARATION, ENABLING EFFICIENT IMPLEMENTATION OF EXISTING RULES AND MECHANISMS IN THIS AREA
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
1. Monitoring of compliance with the
Medium-term
Ministry in
Budget of
2.2.2.1.
Establishing of rules and mechanisms
charge of
Republic of
aimed at controlling conflicts of interest rules on the prevention of conflict of
interest, performance of political and
judiciary,
Serbia and
public activities and protection of
Supreme Court
international
2.2.1.7
Consistent application of legal
provisions in this field
32
Periodically,
beginning mediumterm
official information
of Cassation,
assistance
2. The system of periodic control of
Republic Public (IPA2013)
compliance with the obligation to
Prosecutor’s
report in writing to the competent
Office,
authority on the activities that may be
High Judicial
incompatible with the respective
Council, State
person’s work has been established
Prosecutorial
3. Trainings for judges and public
Council, Judicial
prosecutors, organized by the Judicial
Academy
Academy
1.Improved conduct of disciplinary
Medium-term
Anti-Corruption Budget of
2.2.2.2
Established rules and mechanisms
proceedings
Agency
Republic of
aimed at controlling assets
2. Fully established system of assets
Serbia
declarations as a foundation for full
independence of the judiciary that is
separated from the sphere of political
influences
2.2.3 STRATEGIC GUIDELINE: DEFINING AND ESTABLISHING TRANSPARENT RULES AND MECHANISMS FOR THE JUDICIAL
SECTOR RELATED TO THE CONTROL OF CONFLICT OF INTEREST AND THE CONTROL OF ASSETS OF PUBLIC OFFICIALS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
1. The data in the registers are precise
Continuously,
Ministry in
Budget of
2.2.3.1.
The measures undertaken are
and available on the websites on the
beginning mediumcharge of
Republic of
transparent and publicly available
Anti-Corruption Agency, the Ministry, term
judiciary, High
Serbia and
High Judicial Council and State
Judicial Council, international
Prosecutorial Council
State
assistance
33
Prosecutorial
Council,
Supreme Court
of Cassation,
Republic Public
Prosecutor’s
Office
2.3. STRATEGIC OBJECTIVE: STRENGTHENING THE AUTONOMY AND INTEGRITY IN REPRESENTING PROPERTY INTERESTS
OF THE REPUBLIC OF SERBIA
STRATEGIC OBJECTIVE INDICATORS:
1. The adopted laws
2. Adequate and fully equipped premises
3. Human resources are adequate and distributed according to the organization and job description and competences
SOURCES OF VERIFICATION OF INDICATORS:
4. The published law and bylaw
1. The reports and opinions on draft laws and on adopted texts of the laws, and Annual Progress Reports for the Republic of Serbia in the European
integration process, Resolutions of the European Parliament on the European integration process of the Republic of Serbia, Analytical reports of
SIGMA missions - joint initiative of the Organization for Economic Cooperation and Development and the European Union, reports of European
Commission experts following peer-based assessment missions in the field of rule of law
2.3.1 STRATEGIC GUIDELINE: IMPROVEMENT OF NORMATIVE FRAMEWORK NECESSARY FOR ENSURING THE INTEGRITY IN
REPRESENTING PROPERTY INTERESTS OF THE REPUBLIC OF SERBIA
34
No.
MEASURE
ACTIVITY
2.3.1.1.
Drafting of the Law on Amendments to
the Law on the Public Attorney’s Office
– the measure will be elaborated in
more detail within the updates of the
Action Plan
2.3.1.2.
Consideration of amendments and
additions of the Regulation on the
Representative of Republic of Serbia
before the European Court of Human
Rights
1. Establishment of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. Establishment of a working group
for analysing the Regulation
2. Drafting of recommendations
related to improvements and
amendments to the Regulation
DEADLINE FOR
COMPLETION OF
THE MEASURE
Long-term
Medium-term
COMPETENT
AUTHORITY
SOURCES
OF FUNDS
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
2.3.2 STRATEGIC GUIDELINE: STRENGTHENING INSTITUTIONAL CAPACITIES FOR PROTECTION OF PROPERTY INTERESTS OF
THE REPUBLIC OF SERBIA
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
The activity will be more specifically
Long-term
Ministry in
Budget of
2.3.2.1.
Drafting of a plan of necessary
charge of
defined within the updates of the
Republic of
investments
Action Plan
judiciary,
Serbia
Republic Public
Prosecutor’s
Office, Republic
35
Public Attorney’s
Office
2.3.2.2.
Assessment of available human
resources and drafting of a plan for
additional employments
The activity will be more specifically
defined within the updates of the
Action Plan
Long-term
Ministry in
charge of
judiciary,
Republic Public
Prosecutor’s
Office, Republic
Public Attorney's
Office
Budget of
Republic of
Serbia
2.4 STRATEGIC OBJECTIVE: GUARANTEED RIGHT OF THE PARTY TO THE “NATURAL JUDGE”
STRATEGIC OBJECTIVE INDICATORS:
1. The adopted amendments to the Law on Judges
2. The Court Rules of Procedure amended in accordance with amendments to the Law on Judges
SOURCES OF VERIFICATION OF INDICATORS:
1. The published law on the amendments and addendums of the Law on Judges and Court Rules of Procedure
2. Reports and opinions on draft laws and on adopted texts of the Law, and Annual Progress Reports for the Republic of Serbia in the European
integration process, Resolutions of the European Parliament on the European integration process of the Republic of Serbia, Analytical reports of
SIGMA missions - joint initiative of the Organization for Economic Cooperation and Development and the European Union, reports of European
Commission experts following peer-based assessment missions in the field of rule of law
2.4.1 STRATEGIC GUIDELINE: CHANGES IN THE NORMATIVE FRAMEWORK RELATED TO THE SPECIAL CHARACTER OF THE
RIGHT TO NATURAL JUDGE IN CASES OF SPECIALISATION AND THE POSSIBILITY OF DEROGATION FROM THE AUTOMATIC
CASE ASSIGNMENT WHEN PROGRAMME FOR SOLVING CASE BACKLOG IS APPLIED
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
36
2.4.1.1.
Drafting of the Law on Amendments to
the Law on Judges aimed at:
- Establishing general and objective
criteria for case assignment,
- Enabling the allocation of cases to
specialized judges/panels,
- Establishing general criteria that take
into account the workload of the judge,
- Redistribution is done only according
to reasonable, objective and
predetermined criteria, in a transparent
procedure
Amendments to the Court Rules of
Procedure in accordance with
amendments to the Law on Judges
1. Continuation of the work of the
working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
1. Establishment of the working group Medium-term
Ministry in
Budget of
for preparation of the draft Court Rules
charge of
Republic of
of Procedure
judiciary
Serbia
2. Drafting of the Court Rules of
procedure
3. Providing draft for comments and
analyses of comments
4. Adoption of the Court Rules of
Procedure
2.5 STRATEGIC OBJECTIVE: IMPROVEMENT OF THE ACCESS TO JUSTICE AND PROTECTION OF HUMAN RIGHTS AND
FREEDOMS
STRATEGIC OBJECTIVE INDICATORS:
1. The Law on Free Legal Aid has been adopted and is successfully applied2. The Law on Mediation has been adopted3. Bylaws have been adopted4.
Institutional support has been set up – the circle of free legal aid providers has been defined
2. Licensed mediators have commenced work6. Websites have been improved7. Clear criteria for determining the poverty threshold have been defined8.
2.4.1.2.
37
Public campaigns have been conducted
SOURCES OF VERIFICATION OF INDICATORS:
1. Published laws and bylaws and reports and opinions on draft laws and on adopted texts of the Law, Annual Progress Reports for the Republic of Serbia
in the European integration process, Resolutions of the European Parliament on the European integration process of the Republic of Serbia, Analytical
reports of SIGMA missions - joint initiative of the Organization for Economic Cooperation and Development and the European Union, reports of
European Commission experts following peer-based assessment missions in the field of rule of law
2. The Report on the analysis of the results of implementation and the costs of the new system of legal aid provision and the experiences relating to the
implementation of the new law
3. The Report on the analysis of results of the implementation of the system of dispute resolution through mediation
4. Report on work of free legal aid providers
5. Report on work of mediators
6. The Report of the European Commission for the Efficiency of Justice CEPEJ – European judicial system – efficiency and quality of justice
7. Analysis of the state of play and normative framework
2.5.1 STRATEGIC GUIDELINE: DEFINING THE STRUCTURE OF THE STANDARDISED SYSTEM OF LEGAL AID TROUGH SETTING
UP OF A NORMATIVE FRAMEWORK AND ESTABLISHMENT OF INSTITUTIONAL SUPPORT
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
OF FUNDS
THE MEASURE
1. Continuation of the work of the
Fourth quarter of
Ministry in
Budget of
2.5.1.1.
Drafting of the Law on Free Legal Aid
3orking group
2013
charge of
Republic of
in accordance with international
2. Preparation of the working text of
judiciary
Serbia and
positions and best practice and the
the Law
international
envisaged and available funds
3. Public debate
assistance
4. Submission of the Draft Law to the
(MDTF)
Government
1. Criteria for legal aid provision are
Medium-term
Ministry in
Budget of
2.5.1.2.
Institutional support for legal aid
regulated and stipulated by the law
charge of
Republic of
38
2.5.1.3.
Drafting of bylaws relating to the
practical implementation of the Law on
Free Legal Aid
2.5.1.4.
Analysis of the results of
implementation and the costs of the new
system of legal aid provision and
experiences in the implementation of the
2. The plan for establishing a new legal
aid system is formulated and proposed,
and the definition of criteria
commences
3. The plan is approved and adopted
4. The circle of free legal aid providers
is defined in such a way as to make
legal aid accessible and qualified, and
to ensure the provision of quality legal
aid, with optimal use of available
resources
5. Drafting of a training plan for free
legal aid providers relating to the start
of implementation of the law
6. Promotional activities and provision
of information to citizens on the Law
on Free Legal Aid
1. Establishment of the working group
for preparation of the draft bylaws
2. Drafting of bylaws
3. Providing draft for comments and
analyses of comments
4. Adoption of the bylaws
1. Preparation of the analysis of the
results of implementation and the
effects of the new Law and the
established system of free legal aid
39
judiciary
Serbia and
international
assistance
(MDTF)
Medium-term
Ministry in
charge of
judiciary
Medium-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Budget of
Republic of
Serbia and
international
2. Preparation of the cost analysis of
the implementation of the new Law
and the established free legal aid
system
3. Relevant updated information for
assessing the costs of the free legal aid
system are submitted to competent
ministries
1. Continuation of the work of the
Medium-term
Ministry in
2.5.1.5.
The possibility of amending the
charge of
Criminal Procedure Code - amendments working group
2. Preparation of the working text of
judiciary
to Article 77 that would provide for
bigger guarantees for the exercise of the the Law
right to a fair trial, especially regarding 3. Public debate
4. Submission of the Draft Law to the
underprivileged persons
Government
2.5.2 STRATEGIC GUIDELINE: DEFINING THE CRITERIA FOR DETERMINING THE POVERTY THRESHOLD (IN
ABOLISH OR REDUCE COURT FEES AND REDUCE PECUNIARY FINES IN CRIMINAL AND MISDEMEANOUR CASES)
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
Long-term
Ministry in
2.5.2.1.
The criteria for determining the persons 1. The necessary analysis has been
developed
charge of
that would be eligible, on account of
2. In line with the results of the
judiciary,
their financial situation, for exemption
analysis, the criteria are clearly defined
Supreme Court
from or reduction of court fees, and in
and specified
of Cassation,
criminal and misdemeanour cases for
The activity will be more specifically
Republic Public
reduction of standard fines, have been
defined within the updates of the
Prosecutor’s
defined and established
new law on free legal aid
40
assistance
(MDTF)
Budget of
Republic of
Serbia
ORDER TO
SOURCES
OF FUNDS
Budget of
Republic of
Serbia
Action Plan
Office
2.5.3 STRATEGIC GUIDELINE: ESTABLISHMENT OF AN EFFICIENT AND SUSTAINABLE SYSTEM OF DISPUTE RESOLUTION
TROUGH MEDIATION, BY IMPROVING THE NORMATIVE FRAMEWORK AND CONDUCTING THE PROCEDURE OF
STANDARDISATION AND ACCREDITATION OF INITIAL AND SPECIALISED TRAINING PROGRAMMES FOR MEDIATORS, AS WELL
AS BY PROMOTING THE ALTERNATIVE METHODS OF DISPUTE RESOLUTION. ESTABLISHMENT OF THE REGISTER OF
LICENSED MEDIATORS IN ACCORDANCE WITH PREDEFINED CRITERIA
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of the working
Fourth quarter of 2013 Ministry in
Budget of
2.5.3.1.
Drafting of the Law on Mediation
group
charge of
Republic of
2. Preparation of the working text of
judiciary
Serbia
the Law
3. Public debate
4. Submission of the Draft Law to the
Government
1. Preparation of the analysis of
Medium-term
Ministry in
Budget of
2.5.3.2.
Analysis of the results of
charge of
Republic of
implementation of the system of dispute results of the implementation and the
effects of the new Law on Mediation
judiciary
Serbia and
resolution through mediation
international
assistance
Medium-term
Ministry in
Budget of
2.5.3.3.
Establishment of the register of licensed 1. The criteria have been established
and defined
charge of
Republic of
mediators
2. Standardization and accreditation
judiciary
Serbia
of initial and specialized training
programmes for new mediators
1. Establishment of the working
Medium-term
Ministry in
Budget of
2.5.3.4.
Drafting of bylaws relating to the
41
practical implementation of the Law
group for preparation of the draft
bylaws
2. Drafting of bylaws
3. Providing draft for comments and
analyses of comments
4. Adoption of the bylaws
1. Conducting of a public campaign
with a view to raising public
awareness on the alternative method
of dispute resolution
charge of
judiciary
Budget of
Republic of
Serbia and
international
assistance
2.5.4 STRATEGIC GUIDELINE: PUBLIC AWARENESS RAISING ON THE ROLE AND THE RIGHT TO A COURT INTERPRETER AND
TRANSLATOR, IN ACCORDANCE WITH THE RIGHT TO A FAIR TRIAL
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Information are available on
Long-term
Supreme Court of Budget of
2.5.4.1
Increase the amount and improve the
websites and at info-desks in courts
Cassation, High
Republic of
dissemination of public information on
2. Public campaigns are conducted in
Judicial Council,
Serbia and
the services of court interpreters and
order to indicate on this possibility
Judicial Academy international
translators
3. Training of judges of when it is
assistance
necessary to have a sign-language
(USAID)
interpreter
2.5.5 STRATEGIC GUIDELINE: IMPROVEMENT OF THE NORMATIVE FRAMEWORK BY INCORPORATION OF POSITIONS
CONTAINED IN DECISIONS OF THE CONSTITUTIONAL COURT, NATIONAL AND INTERNATIONAL COURTS (EUROPEAN COURT
OF HUMAN RIGHTS, THE COURT OF JUSTICE OF EU)
2.5.3.5.
Improving the promotion of alternative
methods of dispute resolution
42
Medium-term
Ministry in
charge of
judiciary
Republic of
Serbia and
international
assistance
No.
MEASURE
ACTIVITY
1. Working groups engaged in the
drafting of various laws take the
analyses of decisions into account
2. Recommendations for amending
relevant laws are made in accordance
with the analyses
DEADLINE FOR
ICOMPLETION OF
THE MEASURE
Continuously,
beginning mediumterm
COMPETENT
AUTHORITY
SOURCES
OF FUNDS
Ministry in
Budget of
charge of
Republic of
judiciary,
Serbia
Constitutional
Court, Supreme
Court of
Cassation
2.5.6 STRATEGIC GUIDELINE: IMPROVEMENT OF THE NORMATIVE FRAMEWORK ON THE BASIS OF RESULTS OF ASSESSMENT
RELATED TO THE ACCESS TO JUSTICE OF VULNERABLE AND MARGINALISED GROUPS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of a working group Long-term
Ministry in charge Budget of
2.5.6.1.
Defining of relevant provisions of laws
2. Analysis of the state of play and
of judiciary,
Republic of
and bylaws which are of specific
normative framework
Supreme Court of Serbia
importance for vulnerable and
3. Specification of individual
Cassation,
marginalized groups
provisions that need to be improved,
Republic Public
i.e. individual regulations that need
Prosecutor’s
to be amended in accordance with
Office, High
international and EU standards
Judicial Council,
State Prosecutorial
Council
2.5.5.1.
The decisions are regularly analysed
43
2.6 STRATEGIC OBJECTIVE: CLEAR LEGISLATIVE FRAMEWORK IN ACCORDANCE WITH THE SOCIAL DEVELOPMENT AND
INTERNATIONAL STANDARDS
STRATEGIC OBJECTIVE INDICATORS:
1. The adopted laws
SOURCES OF VERIFICATION OF INDICATORS:
1. Published laws and bylaws and reports and opinions on draft laws and on adopted texts of the Law, Annual Progress Reports for the Republic of Serbia
in the European integration process, Resolutions of the European Parliament on the European integration process of the Republic of Serbia, Analytical
reports of SIGMA missions - joint initiative of the Organization for Economic Cooperation and Development and the European Union, reports of
European Commission experts following peer-based assessment missions in the field of rule of law
2.6.1 STRATEGIC GUIDELINE: CONTINUOUS HARMONISATION OF THE LEGAL FRAMEWORK WITH SOCIAL DEVELOPMENT
ENTAILING PRIOR IN-DEPTH ANALYSIS IN ORDER TO AVOID FREQUENT CHANGES IN THE KEY LEGISLATION
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment or continuation of
Continuously,
Ministry in charge Budget of
2.6.1.1.
Drafting of the Law on Amendments to
the work of the working group
beginning third
of judiciary
Republic of
the Law on Judges
2. Preparation of the working text of quarter of 2013
Serbia and
the Law
international
3. Public debate
assistance
4. Submission of the Draft Law to
(MDTF)
the Government
1. Establishment or continuation of
Continuously,
Ministry in charge Budget of
2.6.1.2.
Drafting of the Law on Amendments to
the work of the working group
beginning Third
of judiciary
Republic of
the Law on the Organization of Courts
2. Preparation of the working text of quarter of 2013
Serbia and
the Law
international
3. Public debate
assistance
4. Submission of the Draft Law to
(MDTF)
44
2.6.1.3.
Drafting of the Law on Amendments to
the Law on Public Prosecutor’s Office
2.6.1.4.
Drafting of the Law on Amendments to
the Law on Enforcement and Security
2.6.1.5.
Drafting of the Law on Amendments to
the Law on Civil Procedure
2.6.1.6.
Drafting of the Law on Amendments to
the Criminal Procedure Code
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
45
Continuously,
beginning third
quarter of 2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project)
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Third quarter of 2013 Ministry in charge
of judiciary
Medium–term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
3. Public debate
4. Submission of the Draft Law to
the Government
2.6.1.7.
Drafting of the Law on Amendments to
the Law on Public Notaries
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
Long–term
2.6.1.8.
Drafting of the Law on Amendments to
the Law on the Seats and Territorial
Jurisdictions of Courts and Public
Prosecutor's Offices
1. Preparation of the final draft
2. Submission of the Draft Law to
the Government
Third quarter of 2013 Ministry in charge
of judiciary
2.6.1.9.
Drafting of the Law on Amendments to
the Criminal Code
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
Long-term
46
Ministry in charge
of judiciary
Ministry in charge
of judiciary
assistance
(Programme
of bilateral
assistance of
the USA)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project, IPA
2012)
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
2.6.1.10.
Drafting of the Law on Mediation
2.6.1.11.
Drafting of the Law on Amendments to
the Law on the Enforcement of
Criminal Sanctions
2.6.1.12.
Drafting of the Law on Probation in the
Enforcement of Non-Institutional
Sanctions
2.6.1.13.
Drafting of the Law on Misdemeanours
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
47
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(OSCE)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(OSCE)
Continuously,
beginning middleterm
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(USAID –
2.6.1.14.
Drafting of the Law on Free Legal Aid
2.6.1.15.
Drafting of the Law on Amendments to
the Law on International Legal
Assistance in Criminal Matters
2.6.1.16.
Drafting of the Law on
Corporate Offences
2.6.1.17.
Drafting of the Law on Amendments to
the Law on the Bar Exam
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
48
JRGA)
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
2.6.1.18.
Drafting of the Law on Amendments to
the Law on the Judicial Academy
2.6.1.19.
Drafting of the Law on Amendments to
the Law on Non-Contentious
Proceedings
2.6.1.20.
Drafting the Law on the Judicial Guard
2.6.1.21.
Drafting of the Law on Amendments to
the Law on the Protection of Personal
Data
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
49
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
2.6.1.22.
Drafting of the Law on Amendments to
the Data Secrecy Law
2.6.1.23.
Drafting of the Law on the High
Judicial Council
2.6.1.24.
Drafting of the Law on the State
Prosecutorial Council
2.6.1.25.
Drafting of the Draft Civil Code
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
50
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Fourth quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Long-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
2.6.1.26.
Drafting of the Law on International
Private Law
2.6.1.27.
Drafting of the Law on the Public
Attorney’s Office
2.6.1.28.
Drafting of the Code on Property and
Other Rights In Rem
2.6.1.29.
Drafting of the Law on Amendments to
the Law on Seizure and Confiscation of
the Law
3. Public debate
4. Submission of the Draft Code to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment or continuation of
the work of the working group
51
international
assistance
(MDTF)
Long-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Long-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Long-term
Ministry in charge
of finance
Budget of
Republic of
Serbia and
international
assistance
(MDTF)
Long-term
Ministry in charge
of judiciary
Budget of
Republic of
2. Preparation of the working text of
Serbia and
the Law
international
3. Public debate
assistance
4. Submission of the Draft Law to
(MDTF)
the Government
1. Establishment or continuation of
Fourth quarter of
Ministry in charge Budget of
2.6.1.30. Drafting of the Law on Amendments
2013
of judiciary
Republic of
the work of the working group
and Supplements to the Law on the
2. Preparation of the working text of
Serbia and
Official Use of Language and Script
the Law
international
3. Public debate
assistance
4. Submission of the Draft Law to
(MDTF)
the Government
2.6.2 STRATEGIC GUIDELINE: HARMONISATION OF SUBSTANTIVE AND PROCEDURAL LAWS WITH THE EU ACQUIS AND OTHER
INTERNATIONAL STANDARDS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
Continuously,
Ministry in charge Budget of
2.6.2.1.
Taking a number of legislative measures 1. Analysis of national regulations
2. Defining of relevant international
beginning mediumof judiciary
Republic of
and activities to improve the legislative
and European standards
term
Serbia and
framework, in order to fully harmonies
international
the national regulations in the field of
assistance
justice with international and European
(IPA 2012,
standards and improve the work of the
IPA 2013)
judiciary in terms of strengthening the
independence, impartiality,
professionalism and efficiency of the
judicial system
Proceeds from Crime
52
Continuously,
Ministry in charge Budget of
Taking a number of legislative measures 1. Analysis of national regulations
2. Defining of relevant international
beginning mediumof judiciary
Republic of
and activities to improve the legislative
term
Serbia and
framework, in order to fully harmonize and European standards and
regulations
international
other national substantive and
assistance
procedural laws within the jurisdiction
(IPA 2012,
of the Ministry with international and
IPA 2013)
European standards
2.7. STRATEGIC OBJECTIVE: UNIFORMITY OF CASE LAW
STRATEGIC OBJECTIVE INDICATORS:
1. The stated normative framework has been fully adopted
2. The Guide to ECtHR Judgments and the UN Committees Decisions
3. Established certifying body (commission)
4. The methodology for drafting judgments and summary judgments has been established.
SOURCES OF VERIFICATION OF INDICATORS:
1. Published laws and reports and opinions on draft laws and on adopted texts of the Law, Annual Progress Reports for the Republic of Serbia in the
European integration process, Resolutions of the European Parliament on the European integration process of the Republic of Serbia, Analytical reports
of SIGMA missions - joint initiative of the Organization for Economic Cooperation and Development and the European Union, reports of European
Commission experts following peer-based assessment missions in the field of rule of law
2. Judgments available on websites of relevant institutions
2.7.1. STRATEGIC GUIDELINE: IMPROVEMENT OF THE NORMATIVE FRAMEWORK IN ORDER TO REGULATE THE
HARMONISATION OF COURT DECISIONS AND MORE PRECISELY DEFINE THE ROLE OF THE SUPREME COURT OF CASSATION
IN THIS AREA, AS WELL AS TO FULLY ENSURE HARMONISATION WITH THE DECISIONS OF THE EUROPEAN COURT OF HUMAN
RIGHTS AND PRACTICE OF OTHER RELEVANT INTERNATIONAL INSTITUTIONS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Continuation of the work of the
Medium-term
Ministry in charge Budget of
2.7.1.1
Drafting of the Law on Amendments to
2.6.2.2.
53
2.7.1.2.
2.7.1.3.
the Law on the Organization of Courts –
precise regulation of harmonization of
case law through the establishment of a
certification body (Commission) within
the Supreme Court of Cassation and
abolition of the institution of principled
positions
working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
Modifications of bylaws – amendments
to Court Rules of Procedure – achieving
uniformity of case law by establishing a
certification body (Commission) within
the Supreme Court of Cassation,
defining the competencies and method
of work and intensifying the role of
amici curiae
Establishment of a Certification
Commission that is in charge of
certification of judgments, thereby
establishing case law
1. Establishment of the working
group for preparation of the draft
Rules of procedure
2. Drafting of the Rules of procedure
3. Providing draft for comments and
analyses of comments
4. Adoption of the Rules of
procedure
1. Selection of members of the
Certification Commission representatives of case law divisions
of appellate courts and the Supreme
Court of Cassation.
2. The Certification Commission
becomes operational and its
members from the rank of judges do
certification full-time and fully
professionally
3. Experts of various relevant
54
of judiciary
Republic of
Serbia and
international
assistance
(IPA 2012)
Medium-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
Medium-term
Supreme Court of
Cassation,
appellate courts
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
profiles or associates provide support
to the Certification Commission
4. The role of amici curiae is
intensified – experts in various
fields, representatives of the legal
profession and professorships are
regularly recruited in terms of
providing support (the
recommendation is defined by the
Court Rules of Procedure)
2.7.2 STRATEGIC GUIDELINE: ESTABLISHMENT OF THE NECESSARY MECHANISMS FOR ACHIEVING UNIFORMITY OF
LEGISLATIVE AND JUDICIAL, FIRST AND SECOND INSTANCE PENAL POLICY
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Continuation of the work of the
Medium-term
Ministry in charge Budget of
2.7.2.1.
Drafting of the Law on Amendments to
working group
of judiciary
Republic of
the Criminal Procedure Code aimed at
2. Preparation of the working text of
Serbia and
strengthening the role of the public
the Law
international
prosecutor's office to actively make
3. Public debate
assistance
corrections of the penal policy (propose
4. Submission of the Draft Law to
the gravity of penalties)
the Government
55
1. Establishment of the working
Medium-term
Ministry in charge Budget of
group for preparation of the draft
of judiciary
Republic of
bylaws
Serbia
2. Precise defining of measures
3. Drafting of recommendations for
the amending of the legislation
2.7.3 STRATEGIC GUIDELINE: MONITORING CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND OTHER RELEVANT
INTERNATIONAL INSTITUTIONS, ENSURING THAT THEIR DECISIONS ARE ANALYSED, ORGANISED AND PUBLICLY AVAILABLE
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. ECtHR judgments and UN
Continuously,
Ministry in charge
Budget of
2.7.3.1.
Case law of the European Court of
committees decisions have been
beginning Mediumof judiciary,
Republic of
Human Rights and UN Committees are
analysed, organized and are available term
Supreme Court of
Serbia and
regularly monitored
to the public in the special Guide to
Cassation, Judicial
international
ECtHR Judgments, and UN
Academy
assistance
committees decisions
(IPA 2013)
2. The Guide on the practice of the
ECHR is divided by areas of law,
with references to related areas, and
in the part of the practice of the UN
committees also divided by areas of
law, with general comments and
conclusions of committees
3. The Guide is available in printed
and electronic form and is regularly
updated.
2.7.2.2.
Amendments to relevant bylaws related
to the application of the principle of
opportunity, with a precise definition of
measures
56
1. Establishment of the working
Continuously,
Ministry in charge
Budget of
group for preparation of the draft
beginning mediumof judiciary
Republic of
Rules of procedure
term
Serbia
2. Drafting of the Court Rules of
Procedure
3. Providing Draft of Court Rules of
Procedure for comments and
analyses of comments
4. Adoption of the Court Rules of
Procedure
2.7.4 STRATEGIC GUIDELINE: IMPROVE THE JUDGMENT DRAFTING METHODOLOGY AND ACHIEVE UNIFORMITY IN THIS
AREA (THROUGH INITIAL AND CONTINUOUS TRAINING AT THE JUDICIAL ACADEMY)
No.
MEASURE
ACTIVITY
DEADLINE FOR
COMPETENT
SOURCES
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. The methodology is developed
Long-term
Ministry in charge
Budget of
2.7.4.1.
A clear methodology for drafting
of judiciary,
Republic of
judgments and summary judgments has using the ECtHR case law as a
model.
Supreme Court of
Serbia and
been defined
2. The Judicial Academy organizes
Cassation, Judicial
international
regular training of judges in order to
Academy
assistance
familiarize the judges with the
(IPA 2012)
methodology of drafting judgments
and summary judgments
3. A new curriculum has been
developed (for master or specialized
studies) at the Faculty of Law in the
field of human rights
2.7.3.2.
Amendments to the Court Rules of
Procedure for the purpose of
uniformity of case law
57
2.7.4.2.
Lower and higher courts evaluate under
the same criteria the circumstances that
affect judicial decisions, in order to
prevent discrepancies
2.7.4.3.
Improved role of the Constitutional
Court in terms of defining identical
cases in which court decisions would
have to be identical
4. Familiarization with the
methodology of drafting judgments
and summary judgments in European
countries, especially using the
ECtHR judgments as a model
1. Regular trainings are organized by
the Judicial Academy
2. The courts ensure the uniformity
of case law at the time of taking the
decision, rather than subsequently
after the court decision has already
been made, taking into account the
positions taken in previous court
decisions in the same factual and
legal situation
3. The Supreme Court of Cassation
ensures the uniformity of case law
by publishing a bulletin in electronic
and printed form, with references
made to related areas
1. The Constitutional Court issues a
case law bulletin in electronic and
printed form, with referral to related
areas
58
Long-term
Supreme Court of
Cassation, Judicial
Academy
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
Long-term
Constitutional
Court
Budget of
Republic of
Serbia and
international
assistance
1. Establishment or continuation of
Long-term
Ministry in charge
Budget of
the work of the working group
of judiciary
Republic of
2. Preparation of the working text of
Serbia
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
2.8 STRATEGIC OBJECTIVE: PROVIDED PUBLIC ACCESS TO LEGAL REGULATIONS, CASE LAW, JUDICIAL RECORDS AND
PROCEEDINGS DATABASES
STRATEGIC OBJECTIVE INDICATORS:
1. The methodology for collecting and compiling legal regulations and case law has been clearly defined
2. The uniform database software
3. The central case law and regulations database – legal information system of the Republic of Serbia
4. Improved websites
5. Established entry points for public access to databases
SOURCES OF VERIFICATION OF INDICATORS:
1. Annual Progress Reports for the Republic of Serbia in the European integration process, Resolutions of the European Parliament on the European
integration process of the Republic of Serbia, Analytical reports of SIGMA missions - joint initiative of the Organization for Economic Cooperation
and Development and the European Union, reports of European Commission experts following peer-based assessment missions in the field of rule of
law
2. The Report of the European Commission for the Efficiency of Justice CEPEJ – European Judicial System – efficiency and quality of justice
3. The public opinion poll
2.8.1 STRATEGIC GUIDELINE: ESTABLISH AND APPLY ACCESS TO COURT RECORDS TO THE MAXIMUM EXTENT PERMISSIBLE,
IN VIEW OF THE RULES ON PERSONAL DATA PROTECTION, THE RIGHT TO PRIVACY AND VICTIM PROTECTION
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
2.7.4.4.
Amendments to procedural laws with a
view to using case law when interpreting
the law uniformly
59
1. An overview of existing rules and Medium-term
Ministry in charge
Budget of
procedures relating to court
of judiciary,
Republic of
information and proceedings-related
Supreme Court of
Serbia and
information
Cassation
international
2. A comparative study on best
assistance
standards related to access to
information on judicial proceedings
is conducted
2. Drafting of recommendations for
improving access rules and
procedures
1. Existing rules and procedures for
Medium-term
Ministry in charge
Budget of
2.8.1.2.
Establishment of clear criteria
accessing information on court
of judiciary,
Republic of
concerning the publication of court
procedures are reviewed and the
Supreme Court of
Serbia
decisions
main shortcomings are identified
Cassation
2. Court rules and procedures are
further improved in order to improve
public access to judicial proceedings
2.8.2 STRATEGIC GUIDELINE: DESIGN UNIQUE, SYSTEMATISED, FREE AND OPENLY AVAILABLE ELECTRONIC DATABASES OF
LEGAL REGULATIONS AND CASE LAW, WITH AND OBLIGATION TO KEEPTHEM UPDATED
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of a uniform
Long-term
Ministry in charge
Budget of
2.8.2.1.
Establishing central database of court
methodology for collecting and
of judiciary,,
Republic of
decisions and regulations Supreme Court of
Serbia and
a uniform, systematized, free and openly compiling legal regulations and case
law
Cassation, Judicial
international
available electronic database of legal
2.8.1.1.
Improving the rules and procedures for
accessing court records, taking into
account the rules on data protection, the
right to privacy and victim protection
60
2. Development of a system for the
Academy, Official
assistance
introduction of a comprehensive and
Gazette
(IPA 2012)
functional database of domestic case
law
3. Definition of the need to introduce
a uniform software
4. Acquisition of the software and its
regular updating and improvement
5. Installation of databases
6. Improved websites of judicial
institutions and easy access to the
database
2.8.3 STRATEGIC GUIDELINE: MAKE AVAILABLE RECORDS ON JUDICIAL PROCEEDINGS AND DATABASES OF LEGAL
REGULATIONS TO CITIZENS WHO DO NOT HAVE INTERNET ACCESS, THROUGH MECHANISMS SUCH AS INSTALLING PUBLIC
TERMINALS AT LAW FACULTIES, COURT BUILDINGS AND PUBLIC LIBRARIES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Conducting of a comprehensive
Long-term
Ministry in charge
Budget of
2.8.3.1.
Availability of records on judicial
analysis and definition of entry
of judiciary,
Republic of
proceedings and databases to citizens
points for public access to databases
Supreme Court of
Serbia and
who do not have Internet access
2. Designation of the
Cassation, Faculty
international
schools/faculties, court buildings and
of Law
assistance
public libraries in which databases public terminals will be installed, is
underway
2.9. STRATEGIC OBJECTIVE: ESTABLISH PRO-ACTIVE RELATIONSHIP WITH THE CITIZENS
regulations and case law that is
regularly updated in accordance to the
Law on Publishing Laws and Other
Regulations and documents which
introduced legal-information system of
Republic of Serbia
61
STRATEGIC OBJECTIVE INDICATORS:
1. The Communication Strategy
2. Websites
3. Public relations offices
4. Info-desks
SOURCES OF VERIFICATION OF INDICATORS:
1. Annual Progress Reports for the Republic of Serbia in the European integration process, Resolutions of the European Parliament on the European
integration process of the Republic of Serbia, Analytical reports of SIGMA missions - joint initiative of the Organization for Economic Cooperation
and Development and the European Union, reports of European Commission experts following peer-based assessment missions in the field of rule of
law
2. The Report of the European Commission for the Efficiency of Justice CEPEJ – European Judicial System – efficiency and quality of justice
2.9.1 STRATEGIC GUIDELINE: PROMOTING THE RESULTS OF COURTS AND PUBLIC PROSECUTOR’S OFFICES, REGULAR
REPORTING ON THE WORK OF THE JUDICIARY, READINESS TO RESPOND TO MEDIA REQUESTS, AS WELL AS PROMOTION OF
THE ACTIVITIES OF THE MINISTRY THROUGH THE STRATEGY FOR COMMUNICATION WITH THE MEDIA/PUBLIC
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Definition of Strategy objectives,
Long-term
Ministry in charge
Budget of
2.9.1.1.
The Communication Strategy has been
relations with the media and target
of judiciary,,
Republic of
drafted - promotion of the results of
groups
Supreme Court of
Serbia and
courts and prosecutor’s offices, and
2. Determining communication tools
Cassation, Republic international
promotion of the activities of the
Public Prosecutor’s assistance
Ministry of Justice and Public
Office, High
(IPA 2012,
Administration
Judicial Council,
MDTF)
State Prosecutorial
Council
1. Regular updating of information
Medium-term
Ministry in charge
Budget of
2.9.1.2.
Improvement of websites of judicial
62
Republic of
Serbia and
international
assistance
(USAID,
OSCE)
2.9.2 STRATEGIC GUIDELINE: IMPROVING THE TRANSPARENCY OF WORK OF THE JUDICIARY BY ESTABLISHING PUBLIC
RELATIONS OFFICES, INFO-DESKS AND COMPREHENSIVE WEBSITES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of public relations
Continuously,
Ministry in charge
Budget of
2.9.2.1.
Improving the transparency of work of
offices at the Supreme Court of
beginning mediumof judiciary,
Republic of
the judiciary
Cassation and at all courts and the
term
Supreme Court of
Serbia and
High Judicial Council
Cassation, Republic international
2. Establishment of PR services in
Public Prosecutor’s assistance
certain courts and public
Office, High
(IPA 2012)
prosecutor’s offices
Judicial Council
3. Info-desks have been set up at the
High Judicial Council, the Supreme
Court of Cassation and in all courts
4. Websites are comprehensive and
regularly updated
2.9.3 STRATEGIC GUIDELINE: ENABLING WIDE AND SIMPLE ACCESS TO CONTACT INFORMATION OF NON-JUDICIAL STAFF
(E.G. EXPERT WITNESSES, BAILIFFS AND NOTARIES) UPON THE ESTABLISHMENT OF THE RELEVANT REGISTERS
bodies
that are published
2. Regular publication of the Work
Bulletin
63
of judiciary,
Supreme Court of
Cassation, Republic
Public Prosecutor’s
Office
No.
2.9.3.1.
MEASURE
Enable a broad and easy access to
contact information of non-judicial staff
(e.g. expert witnesses, bailiffs and public
notaries) upon the establishment of the
relevant registers
ACTIVITY
1. All professions have been fully
established and have commenced
work
2. The registers have been
established
3. Information on the registers,
activities and work are publicly
available – websites are regularly
updated and info-desks in courts
contain all the information required
by the public
DEADLINE FOR
COMPETENT
COMPLETION OF
AUTHORITY
THE MEASURE
Medium-term
Ministry in charge
of judiciary,
Supreme Court of
Cassation, Republic
Public Prosecutor’s
Office
SOURCES
OF FUNDS
Budget of
Republic of
Serbia,
international
assistance
(IPA 2012,
GIZ Legal
reform
project)
2.10 STRATEGIC OBJECTIVE: ESTABLISH ASSISTANCE AND SUPPORT SERVICES FOR VICTIMS AND WITNESSES
STRATEGIC OBJECTIVE INDICATORS:
1. Amended laws of relevant for the assistance and support for victims and witnesses
2. Enacted bylaws in the field of establishing of services of support for victims and witnesses3. Established support services for victims and witnesses
SOURCES OF VERIFICATION OF INDICATORS:
1. Annual Progress Reports for the Republic of Serbia in the European integration process, Resolutions of the European Parliament on the European
integration process of the Republic of Serbia, Analytical reports of SIGMA missions - joint initiative of the Organization for Economic Cooperation
and Development and the European Union, reports of European Commission experts following expert missions in the field of rule of law
2.10.1 STRATEGIC GUIDELINE: IMPROVEMENT OF THE NORMATIVE FRAMEWORK IN ORDER TO PRECISELY DEFINE THE
64
PROVISIONS REGULATING THE ESTABLISHMENT OF THESE SERVICES
No.
MEASURE
ACTIVITY
2.10.1.1.
Drafting of the Law on Amendments to
the Law on the Organization of Courts
2.10.1.2.
Amendments to the Court Rules of
Procedure – more details on the court
administration and on securing and
providing support and assistance to
victims and witnesses
2.10.1.3.
Drafting of the Law on Amendments to
the Law on Public Prosecutor’s Office
1. Continuation of the work of the
working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment of the working
group for preparation of the draft
Court Rules of Procedure
2. Drafting of the Court Rules of
Procedure
3. Providing draft Court Rules of
Procedure for comments and
analyses of comments
4. Adoption of the Court Rules of
Procedure
1. Continuation of the work of the
working group
2. Preparation of the working text of
the Law
3. Public debate
4. Submission of the Draft law to the
65
DEADLINE FOR
COMPETENT
COMPLETION OF
AUTHORITY
THE MEASURE
Long-term
Ministry in charge
of judiciary
SOURCES
OF FUNDS
Budget of
Republic of
Serbia and
international
assistance
Long-term
Ministry in charge
of judiciary, High
Judicial Council
Budget of
Republic of
Serbia and
international
assistance
Long-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
Government
2.10.2 STRATEGIC GUIDELINE: ESTABLISHMENT OF ASSISTANCE AND SUPPORT SERVICES FOR VICTIMS AND WITNESSES IN
RELEVANT PROSECUTOR’S OFFICES AND COURTS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
The activity will be more specifically Long-term
Supreme Court of
Budget of
2.10.2.1. Assistance and support services for
defined within the updates of the
Cassation
Republic of
victims and witnesses organized within
Action Plan
Serbia and
the court administration of higher
international
courts
assistance
1. The High Judicial Council adopts
Long-term
High Judicial
Budget of
2.10.2.2. Assistance and support services for
the decision in accordance with
Council
Republic of
victims and witnesses organized within
Serbia and
the court administration of other courts minimum standards relating to the
international
designated by the High Judicial Council rights, support and protection of
victims of criminal offences
assistance
2. The activity will be more
specifically defined within the
updates of the Action Plan
1. Support of EU experts Long-term
Republic Public
Budget of
2.10.2.3. Assistance and support services for
experiences of relevant countries in
Prosecutor’s Office Republic of
victims and witnesses organized in
this field
Serbia and
public prosecutor’s offices
2. The activity will be more
international
specifically defined within the
assistance
updates of the Action Plan
66
II TABLE VIEW OF ACTION PLAN
3rd PRINCIPLE: COMPETENCE
3.1. STRATEGIC OBJECTIVE: Improvement of competence of judicial office holders, and normative strengthening of the importance of competence
when appraising their performance
STRATEGIC OBJECTIVE INDICATORS:
1. Law on Judges and the Law on Public Prosecutor’s Office drafted,
2. Rulebooks on the criteria and standards for performance appraisal of judicial office holders adopted,
3. Continuous training program improved,
4. Quality of implementation of continuous training through strengthening of the capacity of trainers enhanced,
5. Number of continuous training participants increased
SOURCES OF VERIFICATION OF INDICATORS:
1. Working report of the Ministry
2. Working report of the High Judicial Council
3. Working report of the Sate Prosecutorial Council
4. Working report of the Judicial Academy
3.1.1 STRATEGIC GUIDELINE: CHANGES OF THE NORMATIVE FRAMEWORK AIMED AT RAISING THE IMPORTANCE OF
COMPETENCE WHEN APPRAISING THE PERFORMANCE OF JUDICIAL OFFICE HOLDERS
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
Medium-term
Ministry in
Budget of
3.1.1.1.
Drafting of the Law on Amendments to 1. Continuation of the work of the
charge of
Republic of
the Law on Judges in terms of defining working group
judiciary
Serbia and
the importance of competence as a 2. Drafting of the Law
international
criterion for performance appraisal of 3. Public debate
4. Submission of the Draft to the
assistance
judges
Government
67
1. Establishment of a working group Medium-term
High Judicial
for drafting the Rulebook
Council
2. Drafting of the Rulebook
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the Rulebook
1. Establishment of the working
Medium-term
Ministry in
3.1.1.3.
Drafting of the Law on Amendments to
group
charge of
the Law on Public Prosecutor’s Office
2. Drafting of the Law
judiciary
in terms of defining the importance of
3. Public debate
competence as a criterion for
4. Submission of the Draft to the
performance appraisal of Public
Government
Prosecutors/ Deputy Public Prosecutors
1. Establishment of a working group Medium-term
State
3.1.1.4.
Harmonization of the Rulebook on the
Prosecutorial
Criteria and Standards for Performance for drafting the Rulebook
2. Drafting of the Rulebook
Council
Appraisal of Public Prosecutors and
3. Submission of the draft for
Deputy Public Prosecutors with the
comments and consideration of the
changes of the Law on Public
comments
Prosecutor’s Office
4. Adoption of the Rulebook
3.1.2 STRATEGIC GUIDELINE: FURTHER IMPROVEMENT OF CONTINUOUS TRAINING AT THE JUDICIAL ACADEMY
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
3.1.1.2.
Harmonization of the Rulebook on the
Criteria, Standards and Procedure for
Performance Appraisal of Judges and
Court Presidents with the amendments
to the Law
68
Budget of
Republic of
Serbia and
international
assistance (IPA
2013)
Budget of
Republic of
Serbia and
international
assistance
Budget of
Republic of
Serbia and
international
assistance (IPA
2013)
SOURCES OF
FUNDS
3.1.2.1.
3.1.2.2.
3.1.2.3.
Improvement of the continuous training
program aimed at:
- Strengthening practical knowledge and
skills,
- Improving knowledge on the case law
of the European Court of Human Rights
and the case law of the Constitutional
Court,
- Understanding of international
standards and their practical
implementation,
- Standardization of legal writing,
- Achieving uniformity of case law,
- Ethics and discipline,
- Improving training for judges and
public prosecutors/deputies specialized
in specific areas
Further strengthening of the continuous
training program segment related to
human rights and EU law
Improvement of the special training
program for chief positions in the
judiciary
1. Establishment of a working group
for drafting the program
2. Drafting of the program
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the program
Continuously,
beginning from the
fourth quarter of
2013
Judicial
Academy, High
Judicial Council,
State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance (IPA
2012, IPA
2013)
1. Establishment of a working group
for drafting the program
2. Drafting of the program
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the program
1. Establishment of a working group
for drafting the program
2. Drafting of the program
Continuously,
beginning from the
fourth quarter of
2013
Judicial
Academy, High
Judicial Council,
State
Prosecutorial
Council
Budget, of
Republic of
Serbia and
international
assistance (IPA
2013)
Continuously,
beginning from the
fourth quarter of
Judicial
Academy, High
Judicial Council,
Budget of
Republic of
Serbia and
69
3.1.2.4.
Conducting trainings for application of
new legal provisions in certain areas,
based on the decision of High Judicial
Council
3.1.2.5.
Conducting trainings for application of
new legal provisions in certain areas,
based on the decision of State
Prosecutorial Council
3.1.2.6.
Expansion of the circle of occasional
lecturers, improvement of their training
and conducting trainings by the engaged
lecturers
3.1.2.7.
Establishment/improvement of
cooperation with institutions responsible
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the program
1. High judicial Council renders the
decision on conducting trainings for
application of new legal provisions
in certain areas
2. Conducting trainings
1. State Prosecutorial Council
renders the decision on conducting
trainings for application of new legal
provisions in certain areas
2. Conducting trainings
1. Adoption of criteria for the
selection of occasional lecturers
2. Conclusion of a Cooperation
Agreement between the Judicial
Academy and other relevant subjects
3. Selection and training of
occasional lecturers
4. Conducting trainings by the
engaged lecturers
5. Development of the sector for
evaluation and program
1. Conclusion of a Cooperation
Agreement between the Judicial
70
2013
State
Prosecutorial
Council
Continuously
High Judicial
Council, Judicial
Academy
Continuously
State
Prosecutorial
Council, Judicial
Academy,
Continuously
Judicial
Academy
Continuously
Judicial
Academy
international
assistance (IPA
2012, IPA
2013)
Budget of
Republic of
Serbia and
international
assistance
Budget of
Republic of
Serbia and
international
assistance
Budget of
Republic of
Serbia and
international
assistance
Budget of
Republic of
Academy
and
other
judicial
Serbia and
academies in the region and in the
international
EU
assistance
2.
Improvement
of
existing
cooperation in the form of mutual
study visits and guest visits of
lecturers for the purpose of
exchanging experiences
3.1.3 STRATEGIC GUIDELINE: INTRODUCTION OF MANDATORY CONTINUOUS TRAINING FOR ALL JUDICIAL OFFICE HOLDERS
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
Medium-term
Ministry in
Budget of
3.1.3.1. Drafting of the Law on Amendments to 1. Establishment of the working
charge of
Republic of
the Law on the Judicial Academy in the group
judiciary
Serbia and
form of introduction of mandatory 2. Drafting of the Law
international
continuous training for all judicial office 3. Public debate
4. Submission of the Draft to the
assistance
holders
Government
Medium-term
Ministry in
Budget of
3.1.3.2. Drafting of the Law on Amendments to 1. Continuation of the work of the
charge of
Republic of
the Law on High Judicial Council in working group
judiciary
Serbia and
terms of competence of High Judicial 2. Drafting of the Law
international
Council, in line with the changes of the 3. Public debate
assistance
Law on Judicial Academy regarding 4. Submission of the Draft to the
introduction of mandatory permanent Government
education for all judicial office holders
Medium-term
Ministry in
Budget of
3.1.3.3. Drafting of the Law on Amendments to 1. Continuation of the work of the
charge of
Republic of
the Law on State Prosecutorial Council working group
for judicial training in the region and in
the EU
71
3.1.3.4.
3.1.3.5.
in terms of competence of State
Prosecutorial Council, in line with the
changes of the Law on Judicial Academy
regarding introduction of mandatory
permanent education for all judicial
office holders
Adoption of a bylaw on the criteria for
defining and evaluating the participation
at mandatory continuous training
Implementation of the training based on
the adopted criteria
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
judiciary
Serbia and
international
assistance
1. Establishment of a working group Medium-term
for drafting the bylaw
2. Drafting of the bylaw
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the bylaw
1. Organization of training
Continuously,
2. Evaluation of training
beginning mediumterm
Judicial
Academy, High
Judicial Council,
State
Prosecutorial
Council
Budget of
Republic of
Serbia
Judicial
Academy
Budget of
Republic of
Serbia
3.2. STRATEGIC OBJECTIVE: IMPROVING INITIAL TRAINING AT THE JUDICIAL ACADEMY AND INCREASING ITS IMPORTANCE
IN THE FIRST ELECTION OF JUDICIAL OFFICE HOLDERS UNTIL THE ESTABLISHMENT OF THE JUDICIAL ACADEMY AS THE
MANDATORY CONDITION FOR THE FIRST ELECTION OF JUDICIAL OFFICE HOLDERS
STRATEGIC OBJECTIVE INDICATORS:
1. The Law on Judges and the Law on the Public Prosecution drafted in terms of introducing priority when electing judicial office holders
2. The level of awareness of target groups on the initial training at the Judicial Academy has been raised
3. The training program has been improved through the introduction of envisaged components
4. The professional capacity of mentors has been strengthened and the system of control of their work has been introduced
72
5. The evaluation system has been improved
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the Work of the Ministry
2. Report on the Judicial Academy
3.2.1 STRATEGIC GUIDELINE: IMPROVING THE NORMATIVE FRAMEWORK IN TERMS OF INCREASING THE IMPORTANCE OF
INITIAL TRAINING IN THE FIRST ELECTION OF JUDICIAL OFFICE HOLDERS UNTIL THE ESTABLISHMENT OF THE JUDICIAL
ACADEMY AS A MANDATORY CONDITION FOR THE FIRST ELECTION OF JUDICIAL OFFICE HOLDERS
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
3.2.1.1.
3.2.1.2.
Drafting of the Law on Amendments to
the Law on Judges in terms of
introducing the priority of persons who
have completed initial training at the
Judicial Academy for the first election of
judges, until the establishment of the
Judicial Academy as a mandatory
condition for the first election of judges
Drafting of the Law on Amendments to
the Law on Public Prosecutor’s Office in
terms of introducing the priority of
persons who have completed initial
training at the Judicial Academy when
electing deputy public prosecutors, until
the establishment of the Judicial
Academy as a mandatory condition for
1. Completed during the drafting of
this Action Plan
Completed during the
drafting of this
Action Plan
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
1. Completed during the drafting of
this Action Plan
Completed during the
drafting of this
Action Plan
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
73
the first election of deputy public
prosecutors
3.2.2 STRATEGIC GUIDELINE: RAISING THE VISIBILITY OF INITIAL TRAINING AT THE JUDICIAL ACADEMY AND IMPROVING
THE TRANSPARENCY OF THE ENROLLMENT PROCESS AT THE JUDICIAL ACADEMY
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
Continuously
Judicial
Budget of
3.2.2.1. Promotion of the initial training at the 1. Promoting the institution of
Judicial Academy among students
Academy
Republic of
Judicial Academy
and graduates of law faculties by
Serbia and
organizing information seminars,
international
circulation of information material,
assistance
etc.
2. Promoting the institution of
Judicial Academy among judges’
and prosecutors’ assistants and
trainees by organizing information
seminars, circulation of information
material, etc.
3. Conducting research aiming to
determine the level of awareness of
target groups on the initial training at
the Judicial Academy
Judicial
Budget of
3.2.2.2. Amending of the Rulebook on the 1. Establishment of a working group Second quarter of
2014
Academy
Republic of
Content and Method of Taking the for drafting the Rulebook
Serbia
Entrance Exam with a view to increasing 2. Drafting of the Rulebook
the transparency of enrolment at the 3. Submission of the draft for
74
comments and consideration of the
comments
4. Adoption of the Rulebook
3.2.3 STRATEGIC GUIDELINE: FURTHER IMPROVEMENT OF THE INITIAL TRAINING PROGRAM AT THE JUDICIAL ACADEMY
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
Judicial
Budget of
3.2.3.1. Improvement of the initial training 1. Establishment of a working group Continuously,
for drafting the program
beginning from
Academy, High
Republic of
program aimed at:
fourth quarter 2013
Judicial Council, Serbia and
- Strengthening practical knowledge and 2. Drafting of the program
3. Submission of the draft for
State
international
skills,
Prosecutorial
assistance (IPA
- Improving knowledge on the case law comments and consideration of the
Council
2012, IPA
of the European Court of Human Rights comments
2013)
and the case law of the Constitutional 4. Adoption of the program
Court,
- Understanding of international
standards
and
their
practical
implementation,
- Standardization of legal writing,
- Achieving uniformity of case law,
- Ethics and discipline
Judicial
Budget of
3.2.3.2. Further strengthening of the initial 1. Establishment of a working group Continuously,
beginning from
Academy, High
Republic of
training program segment related to for drafting the program
2. Drafting of the program
fourth quarter 2013
Judicial Council, Serbia and
human rights and EU law
3. Submission of the draft for
State
international
comments and consideration of the
Prosecutorial
assistance (IPA
comments
Council
2012, IPA
Judicial Academy
75
4. Adoption of the program
3.2.4 STRATEGIC GUIDELINE: IMPROVEMENT OF THE MENTOR SYSTEM IN THE JUDICIAL ACADEMY
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
1. Development of the mentor
Continuously
Judicial
3.2.4.1. Improvement of mentor training
training program
Academy
2. Organization of preparatory
mentor training
3. Organization of continuous
mentor training
Judicial
3.2.4.2. Introduction of oversight of the work of 1. Performance appraisal of mentors Continuously,
by the Judicial Academy
beginning from the
Academy
mentors
2. Mandatory evaluation of the
fourth quarter of
mentors' work by the initial training
2013
participants
3.2.5 STRATEGIC GUIDELINE: IMPROVEMENT OF EVALUATION OF INITIAL TRAINING BENEFICIARIES
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
Judicial
3.2.5.1. Improvement of evaluation of initial 1. Analysis of the current state of Fourth quarter of
2013
Academy
training beneficiaries during the training play
2.
Improvement
of
existing
evaluation mechanisms based on the
results of the analysis
Judicial
3.2.5.2. Introducing
the
evaluation
of 1. Monitoring the performance of Continuously,
76
2013)
SOURCES OF
FUNDS
Budget of
Republic of
Serbia and
international
assistance
Budget of
Republic of
Serbia and
international
assistance
SOURCES OF
FUNDS
Budget of
Republic of
Serbia
Budget of
performance
of
initial
training
participants upon their assumption of
office and possible changes to the
training program based on the results of
evaluation
initial training participants upon their beginning from the
assumption of office
fourth quarter of
2 Implementation of possible 2013
changes to the training program
based on the results of evaluation
Academy
Republic of
Serbia
3.3 STRATEGIC OBJECTIVE: ESTABLISHMENT OF A COMPREHENSIVE APPROACH TO THE TRAINING OF JUDGES’ AND
PROSECUTORS’ ASSISTANTS AND TRAINEES
STRATEGIC OBJECTIVE INDICATORS:
1. The number of trainees passed the entry exam in accordance with the adopted Rulebook and program
2. The training program for judges’ and prosecutors’ trainees and volunteers has been adopted
3. The mentoring system for working with trainees has been improved through the selection, training and evaluation of mentors
4. Training programs for associates/senior associates and advisors have been established,
5. The criteria for evaluating the performance of assistants have been established and their performance has been evaluated based on the adopted criteria
SOURCES OF VERIFICATION OF INDICATORS:
1. Working report of the Judicial Academy
2. Working report of the Supreme Court of Cassation
3. Working report of the Republic Prosecutor`s Office
3.3.1 STRATEGIC GUIDELINE: IMPROVEMENT OF TRAINING OF JUDGES’ AND PROSECUTORS’ TRAINEES AND VOLUNTEERS
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Establishment of a working group First quarter of 2014 Judicial
Budget of
3.3.1.1. Adoption of the Rulebook and program
for drafting the Rulebook and
Academy, High
Republic of
of the entry exam
program
Judicial Council, Serbia
2. Drafting of the working text of the
State
77
3.3.1.2.
Organization of the entry exam for
trainees in courts and public
prosecutor’s offices
3.3.1.3.
Adoption of a uniform training program
for trainees and volunteers
3.3.1.4.
Improvement of the mentoring system
for working with trainees and volunteers
Rulebook and program
3. Submission of the draft of the
Rulebook and program for comments
and consideration of the comments
4. Adoption of the Rulebook and
program
1. Determining the number of
Continuously
necessary trainees in courts and
prosecution offices
2. Conducting of the entry exam for
trainees in courts and prosecutor’s
offices
1. Establishment of a working group
for drafting a uniform program
2. Drafting of the program
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the program
1. Establishment of a working group
for drafting a uniform program
2. Drafting of the program
3. Submission of the draft for
comments and consideration of the
comments
78
Fourth quarter of
2013
Continuously,
beginning from first
quarter of 2014
Prosecutorial
Council
Judicial
Academy,
Ministry in
charge of
judiciary, courts,
public
prosecutor’s
offices
Judicial
Academy, High
Judicial Council,
State
Prosecutorial
Council
Budget of
Republic of
Serbia
Judicial
Academy
Budget of
Republic of
Serbia
Budget of
Republic of
Serbia
4. Adoption of the program
3.3.2 STRATEGIC GUIDELINE: IMPROVEMENT OF TRAINING OF JUDGES’ AND PROSECUTORS’ ASSISTANTS
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
3.3.2.1. Adoption of a uniform training program 1. Establishment of a working group First quarter of 2014 Judicial
for drafting the working texts of the
Academy, High
for judges' and public prosecutors'
program
Judicial Council,
assistants
2. Drafting of the working text of the
State
program
Prosecutorial
3. Submission of the draft for
Council
comments and consideration of the
comments
4. Adoption of the program
1. Development and adoption of
Continuously,
Judicial
3.3.2.2. Establishment of criteria for evaluation
beginning from
Academy, High
of performance and skills of judges’ and criteria for evaluation of
second quarter of
Judicial Council,
prosecutors’ assistants, and evaluation of performance and skills
2 Familiarizing the assistants with
2014
State
their performance based on the
the criteria through information
Prosecutorial
established criteria
seminars and booklets
Council
3. Evaluation is carried out
1. Identification of existing needs
First quarter of 2014 Judicial
3.3.2.3. Establishment of training program for
2. Development and adoption of a
Academy, High
advisors
special training program for advisors
Judicial Council,
State
Prosecutorial
Council
79
SOURCES OF
FUNDS
Budget of
Republic of
Serbia
Budget of
Republic of
Serbia and
international
assistance (IPA
2012)
Budget of
Republic of
Serbia
3.4 STRATEGIC OBJECTIVE: IMPROVEMENT OF COMPETENCE OF ADMINISTRATIVE STAFF IN COURTS AND PUBLIC
PROSECUTOR’S OFFICES
STRATEGIC OBJECTIVE INDICATORS:
1. Drafted Law on Judicial Academy in terms of introduction of mandatory training of administrative staff in courts and prosecutor’s offices,
2. Training Program for administrative staff in courts and prosecutor’s offices improved,
3. Training Program for court managers improved,
4. The number of conducted trainings/the number of trained administrative staff and court managers
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the Work of the Ministry
2. Report on the work of the Judicial Academy
3.4.1 STRATEGIC GUIDELINE: INTRODUCTION OF MANDATORY TRAINING OF ADMINISTRATIVE STAFF IN COURTS AND
PUBLIC PROSECUTOR’S OFFICES
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Establishment of the working
Medium-term
Ministry in
Budget of
3.4.1.1. Drafting of the Law on Amendments to
group
charge of
Republic of
the Law on the Judicial Academy in
2. Drafting of the working text of the
judiciary
Serbia and
terms of introduction of mandatory
international
training of administrative staff in courts Law
3. Public debate
assistance (IPA
and public prosecutor’s offices
4. Submission of the Draft to the
2012)
Government
1. Establishment of the working Second quarter of
Judicial
Budget of
3.4.1.2. Improvement of training programs for
2014
Academy
Republic of
administrative staff in courts and public group for drafting program
2. Drafting of the program
Serbia
prosecutor’s offices
3. Submission of the draft for
comments and consideration of the
80
comments
4. Adoption of the program
1. Establishment of a working group First quarter of 2014
3.4.1.3. Improvement of the special training
for drafting program
program for court managers
2. Drafting of the program
3. Submission of the draft for
comments and consideration of the
comments
4. Adoption of the program
3.4.2 STRATEGIC GUIDELINE: CONDUCTING OF TRAINING OF ADMINISTRATIVE STAFF
PROSECUTORS’ OFFICES
DEADLINE FOR
No.
MEASURE
ACTIVITY
COMPLETION OF
THE MEASURE
1. Determining of the current state
Continuously
3.4.2.1. Organization of training for
administrative staff in courts and public and needs for training
2. Conducting trainings
prosecutor’s offices
3.4.2.2.
Evaluation of training by the training
participants, and possible improvement
of training programs based on
evaluation results
3.4.2.3.
Evaluation of training participants
1. Development of an evaluation
questionnaire
2. Evaluation is carried out
3. Possible improvement of the
training program based on evaluation
results
1. Development of an evaluation
81
Judicial
Academy
Budget of
Republic of
Serbia and
international
assistance (IPA
2012)
IN COURTS AND PUBLIC
COMPETENT
AUTHORITY
SOURCES OF
FUNDS
Judicial
Academy
Budget of
Republic of
Serbia and
international
assistance (IPA
2012)
Budget of
Republic of
Serbia and
international
assistance (IPA
2012)
Budget of
Continuously
Judicial
Academy
Continuously
Judicial
questionnaire
Academy
Republic of
2. Carrying out of evaluation
Serbia
3.5 STRATEGIC OBJECTIVE: ESTABLISHMENT OF A SYSTEMIC APPROACH TO THE TRAINING OF JUDICIAL PROFESSIONS
STRATEGIC OBJECTIVE INDICATORS:
1. Adopted initial and continuous training programs for bailiffs and public notaries
2. The number of conducted trainings/the number of participants of trainings for bailiffs and public notaries
3. Cooperation between chambers and training and education institutions established
4. Law on Expert Witnesses drafted
5. Law on Permanent Court Interpreters drafted
6. Law on Mediation drafted
7. Training Program for mediators adopted
8. The number of conducted trainings/ number of participants to the training for mediators
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the Work of the Judicial Academy
2. Report on the Work of the Ministry
3. Data gathered from the Chamber of Bailiffs and Chamber of Public Notaries
3.5.1 STRATEGIC GUIDELINE: ESTABLISHMENT OF A TRAINING SYSTEM FOR BAILIFFS AND PUBLIC NOTARIES
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
3.5.1.1. Adoption of the initial training program 1. Establishment of a working group First quarter of 2014 Judicial
for drafting the program
Academy,
for candidates for the profession of
2. Drafting of the program
Chamber of
bailiffs
3. Publication of the draft program
Bailiffs
and submission for comments
4. Adoption of the program
82
SOURCES OF
FUNDS
Budget of
Republic of
Serbia and
international
assistance (IPA
2012, GIZ
Legal reform
project)
3.5.1.2.
Adoption of the initial training program
for candidates for the profession of
public notaries
1. Establishment of a working group First quarter of 2014
for drafting the program
2. Drafting of the program
3. Publication of the draft program
and submission for comments
4. Adoption of the program
Judicial
Academy,
Chamber of
Public Notaries,
Ministry in
charge of
judiciary
3.5.1.3.
Organization of initial training for
bailiffs
1. Launching of an open competition
for attending the training
2. Conducting training
Continuously,
beginning from the
second quarter of
2014
Judicial
Academy
3.5.1.4.
Organization of initial training for
public notaries
1. Launching of an open competition
for attending the training
2. Conducting training
Continuously,
beginning from
medium-term
Judicial
Academy
83
Budget of
Republic of
Serbia and
international
assistance (GIZ
Legal reform
project,
bilateral
assistance of
the Republic of
France)
Budget of
Republic of
Serbia and
international
assistance (IPA
2012, GIZ
Legal reform
project)
Budget of
Republic of
Serbia and
international
3.5.1.5.
Adoption of the continuous professional
development program for bailiffs
1. Establishment of a working group First quarter of 2014
for drafting the program
2. Drafting of the program
2. Publication of the draft program
and submission for comments
3. Adoption of the program
Judicial
Academy,
Chamber of
Bailiffs
3.5.1.6.
Adoption of continuous professional
development program for public
notaries
1. Establishment of a working group Medium-term
for drafting the program
2. Drafting of the program
3. Publication of the draft program
and submission for comments
4. Adoption of the program
Judicial
Academy,
Ministry in
charge of
judiciary
3.5.1.7.
Implementation of continuous
1. Conducting trainings based on
Judicial
84
Continuously,
assistance (GIZ
Legal reform
project,
bilateral
assistance of
the Republic of
France)
Budget of
Republic of
Serbia and
international
assistance (IPA
2012, GIZ
Legal reform
project)
Budget of
Republic of
Serbia and
international
assistance (GIZ
Legal reform
project,
bilateral
assistance of
the Republic of
France)
Budget of
3.5.1.8.
professional development for bailiffs
adopted programs
beginning from the
second quarter of
2014
Academy,
Chamber of
Bailiffs
Implementation of continuous
professional development of public
notaries
1. Conducting trainings based on
adopted programs
Continuous,
beginning from
medium-term
Judicial
Academy,
Chamber of
Public Notaries
85
Republic of
Serbia and
international
assistance (IPA
2012, GIZ
Legal reform
project)
Budget of
Republic of
Serbia and
international
assistance (GIZ
Legal reform
project, MDTF,
bilateral
assistance of
the Republic of
France)
1. Establishment of cooperation
Continuous,
between the Chamber of Bailiffs and beginning from the
the Judicial Academy
fourth quarter of
2. Establishment of cooperation
2013
between the Chamber of Bailiffs and
law faculties
3. Establishment of cooperation
between the Chamber of Bailiffs and
other competent institutions and state
authorities
1. Establishment of cooperation
Continuous,
3.5.1.10. Establishment of cooperation between
between the Chamber of Bailiffs and beginning from
the Chamber of Public Notaries and the
the Judicial Academy
medium-term
institutions responsible for training and
2 Establishment of cooperation
education
between the Chamber of Bailiffs and
law faculties
3. Establishment of cooperation
between the Chamber of Bailiffs and
other competent institutions and state
authorities
3.5.2 STRATEGIC GUIDELINE: ENHANCEMENT OF THE PROCESS OF APPOINTMENT OF EXPERT
COURT INTERPRETERS AND TRANSLATORS, IN ORDER TO IMPROVE THEIR EXPERTISE
DEADLINE FOR
No.
MEASURE
ACTIVITY
COMPLETION OF
THE MEASURE
1. Establishment of the working
Long term
3.5.2.1. Drafting of the Law on Amendments to
the Law on Expert Witnesses in terms of group
3.5.1.9.
Establishment of cooperation between
the Chamber of Bailiffs and the
institutions responsible for training and
education
86
Chamber of
Bailiffs, Judicial
Academy, law
faculties
Budget of
Republic of
Serbia and
international
assistance (IPA
2012, GIZ
Legal reform
project)
Chamber of
Public Notaries,
Judicial
Academy, law
faculties
Budget of
Republic of
Serbia and
international
assistance (GIZ
Legal reform
project)
WITNESSES AND PERMANENT
COMPETENT
AUTHORITY
SOURCES OF
FUNDS
Ministry in
charge of
Budget of
Republic of
2. Drafting of the Law
changing the criteria for the
3. Public debate
appointment of expert witnesses by
4. Submission of the Draft to the
placing particular emphasis on their
Government
expertise and competence
Long term
3.5.2.2. Drafting of the Law on Permanent Court 1. Establishment of the working
group
Interpreters in order to create an
2. Drafting of the Law
adequate normative framework for the
3. Public debate
systemic approach to training of
4. Submission of the Draft to the
permanent court interpreters and
Government
translators
3.5.3 STRATEGIC GUIDELINE: ESTABLISHMENT OF THE TRAINING SYSTEM FOR MEDIATORS
DEADLINE FOR
No.
MEASURE
ACTIVITY
COMPLETION OF
THE MEASURE
1. Continuation of the work of the
Fourth quarter of
3.5.3.1. Drafting of the Law on Mediation
working group
2013
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
1. Establishment of a working group Medium-term
3.5.3.2. Adoption of a training program for
for drafting the program
mediators
2. Drafting of the program
3. Publication of the draft program
and submission for comments
4. Adoption of the program
1. Implementation of the training
Continuously,
3.5.3.3. Implementation of the basic mediator
87
judiciary
Serbia
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
COMPETENT
AUTHORITY
SOURCES OF
FUNDS
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia and
international
assistance
Ministry in
charge of
judiciary,
Chamber of
Mediators
Budget of
Republic of
Serbia and
international
assistance
Judicial
Budget of
3.5.3.4.
training
based on the adopted programs
beginning from
medium-term
Implementation of specialized training
1. Implementation of the training
based on the adopted program
Continuously,
beginning from
medium-term
Academy, other
accredited
organizations
and institutions
Judicial
Academy, other
accredited
organizations
and institutions
Republic of
Serbia and
international
assistance
Budget of
Republic of
Serbia and
international
assistance
3.6 STRATEGIC OBJECTIVE: SUPPORT TO THE EDUCATION SYSTEM REFORM AT LAW FACULTIES
STRATEGIC OBJECTIVE INDICATORS:
1. Cooperation established between the law faculties and the stated relevant stakeholders in the judiciary
2. Cooperation established in the form of providing support to the development and implementation of the Education Reform Strategy at Law Faculties
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the Work of the Ministry
2. Report on the Work of the Supreme Court of Cassation
3. Report on the Work of the Republic Prosecutor`s Office
4. Report on the Work of the Judicial Academy
5. Data gathered from the Commission for the Implementation of the Strategy, law faculties and bar associations
3.6.1 STRATEGIC GUIDELINE: ESTABLISHMENT/IMPROVEMENT OF COOPERATION BETWEEN THE LAW FACULTIES AND
OTHER RELEVANT STAKEHOLDERS IN THE JUDICIARY
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Evaluation of the activity in terms Continuously,
Ministry in
Budget of
3.6.1.1. Establishment/improvement of
of the cooperation between law
beginning from
charge of
Republic of
cooperation between the law faculties
faculties and the Ministry in charge
medium-term
judiciary, law
Serbia
and the Ministry in charge of the
88
of judiciary achieved so far
2. Consideration of specific activities
to be undertaken with a view to
establishing/ improving cooperation,
such as the signing of the
Memorandum of Understanding that
would define future joint activities
3. Implementation of activities
defined by the Memorandum of
Understanding, such as the
organization of practical trainings at
the Ministry in charge of judiciary
for students in their final years,
engaging of experts from the
Ministry to conduct practical
training, joint organization of
conferences/round tables, assistance
in the establishment of the research
centre, writing of handbooks for
improving the practice in certain
areas
Improvement of cooperation between the 1. Evaluation of the activity in terms
of cooperation between the law
law faculties and the courts
faculties and the courts achieved so
far
2. Consideration of specific activities
to be undertaken with a view to
faculties
judiciary
3.6.1.2.
89
Continuously,
beginning from
medium-term
Supreme Court
of Cassation, law
faculties
Budget of
Republic of
Serbia
3.6.1.3.
establishing/ improving cooperation,
such as the signing of the
Memorandum of Understanding that
would define future joint activities
3. Implementation of activities
defined by the Memorandum of
Understanding, such as the
organization of practical trainings at
courts for students in their final
years, engaging of judges to conduct
practical training, joint organization
of conferences/round tables, moot
courts, trial monitoring, student
research, etc.
Improvement of cooperation between the 1. Evaluation of the activity in terms
of cooperation between the law
law faculties and public prosecutor’s
faculties and public prosecutor’s
offices
offices achieved so far
2. Consideration of specific activities
to be undertaken with a view to
establishing/ improving cooperation,
such as the signing of the
Memorandum of Understanding that
would define future joint activities
3. Implementation of activities
defined by the Memorandum of
Understanding, such as the
90
Continuously,
beginning from
medium-term
Republic Public
Prosecutor’s
Office, law
faculties
Budget of
Republic of
Serbia
organization of practical training at
public prosecutor’s offices for
students in their final years, engaging
of public prosecutors to conduct
practical training, joint organization
of conferences/round tables
Bar Association
Budget of
3.6.1.4. Improvement of cooperation between the 1. Consideration of specific activities Continuous,
to be undertaken with a view to
beginning from
of Serbia (BAS), Republic of
law faculties and bar associations
establishing/ improving cooperation, medium-term
law faculties,
Serbia
such as suggesting the signing of the
Strategy
Memorandum of Understanding that
Implementation
would define future joint activities
Commission
2. Support in organizing practical
trainings at bar associations/law
offices for students in their final
years, engaging of attorneys-at-law
to conduct practical training for
students, joint organization of
conferences/round tables, assisting
the work of legal clinics
3.6.2 STRATEGIC GUIDELINE: SUPPORT IN THE DRAFTING AND IMPLEMENTATION OF THE EDUCATION REFORM STRATEGY
AT LAW FACULTIES
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Rendering of assistance in
Long term
Ministry in
Budget of
3.6.2.1. Support in the conduct of a
conducting the analysis and in
charge of
Republic of
comprehensive analysis of the current
91
drafting of the report on the analysis
findings
2. Submission of the report on the
analysis findings to the Strategy
Implementation Commission
1. Provision of assistance in the
Support to the development and
implementation of the Education Reform preparation of the Draft Education
Reform Strategy at Law Faculties in
Strategy at Law Faculties
the form of participation of
representatives of the
Ministry/courts/public prosecutor’s
offices in the working group for
drafting the Strategy, making
proposals to change the current
situation primarily in terms of
making the educational program
more focused on the practical aspect
of the legal education, thus
improving the competence of young
lawyers and developing their
practical skills right after the
graduation
2. Provision of support in the
implementation of the Education
Reform Strategy at Law Faculties
1. Submission of the report on the
Establishment of cooperation between
implemented activities to the
the Strategy Implementation
judiciary
Serbia
Long term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Long term
Strategy
Implementation
Budget of
Republic of
state of education at law faculties
3.6.2.2.
3.6.2.3.
92
Strategy Implementation
Commission,
Serbia
Commission 2013-2018 and relevant
Commission
law faculties
institutions/persons authorized for
implementation and oversight of the
implementation of the Education Reform
Strategy at Law Faculties
3.7 STRATEGIC OBJECTIVE: REFORM OF THE = BAR EXAM
STRATEGIC OBJECTIVE INDICATORS:
1. Law on the Judicial Academy drafted
2. Relevant rulebooks in the field of the bar exam amended
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the Work of the Ministry
3.7.1 STRATEGIC GUIDELINE: HARMONIZATION OF THE BAR EXAM PROGRAM WITH THE TRAINING PROGRAM FOR TRAINEES
IN COURTS AND PROSECUTOR-S OFFICES, FOCUSING ON VERIFYING THEIR PRACTICAL KNOWLEDGE
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
Medium-term
Ministry in
Budget of
3.7.1.1 Drafting of the Law on Amendments and 1. Establishment of the working
group
charge of
Republic of
Supplements to the Law on Bar Exam
2. Drafting of the working text of the
judiciary
Serbia
with a view to focusing more on the
Law
practical aspect of the exam
3. Public debate
4. Submission of the Draft to the
Government
Ministry in
Budget of
3.7.1.2. Amendments of the relevant bylaws (the 1. Establishment of a working group Medium-term
charge of
Republic of
Rulebook on the Bar Exam Program, the for drafting of the rulebooks
2. Drafting of the rulebooks
judiciary
Serbia
Rulebook on Taking the Bar Exam)
3. Submission of the draft rulebooks
93
and consideration of the comments
4. Adoption of the rulebooks
3.7.2 STRATEGIC GUIDELINE: HARMONIZATION OF THE BAR EXAM PROGRAM WITH JUDICIAL ACADEMY CURRICULUM IN
ORDER TO BETTER ENSURE ADEQUATE PROFESSIONAL TRAINING OF FUTURE JUDICIAL OFFICE HOLDERS
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
Medium-term
Ministry in
Budget of
3.7.2 .1. Drafting of the Law on Amendments and 1. Establishment of the working
charge of
Republic of
Supplements to the Law on the Bar group
judiciary
Serbia
Exam in terms of its harmonization with 2. Drafting of the Law
the initial training program at the 3. Public debate
4. Submission of the Draft to the
Judicial Academy
Government
Ministry in
Budget of
3.7.2 .2. Amendments to the relevant bylaws (the 1. Establishment of a working group Medium-term
charge of
Republic of
Rulebook on the Bar Exam Program, the for drafting the rulebooks
2. Drafting of the rulebooks
judiciary
Serbia
Rulebook on Taking the Bar Exam)
3. Submission of the draft rulebooks
and consideration of the comments
4. Adoption of the rulebooks
3.8 STRATEGIC OBJECTIVE: STRENGTHENING THE CAPACITIES OF THE JUDICIAL ACADEMY IN ORDER TO FULLY INTEGRATE
ITS ACTIVITIES INTO THE JUDICIAL SYSTEM
STRATEGIC OBJECTIVE INDICATORS:
1. The Judicial Academy Development Strategy has been adopted
2. Premises for work and trainings have been provided
3. The five-year plan for financial strengthening of the Judicial Academy has been adopted
4. The new classification of jobs has been adopted
5. The new Rules of Procedure have been adopted
94
SOURCES OF VERIFICATION OF INDICATORS:
1. Working report of the Judicial Academy
3.8.1 STRATEGIC GUIDELINE: FURTHER STRATEGIC AND INFRASTRUCTURAL STRENGTHENING OF THE Judicial Academy
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Establishment of a working group Fourth quarter of
Judicial
Budget of
3.8.1.1. Adoption of a short-term and long-term
2013
Academy
Republic of
Judicial Academy development strategy for drafting the strategies
2. Drafting of the strategies
Serbia and
3. Submission of the draft strategies
international
and consideration of the comments
assistance
4. Adoption of the strategies
1. Providing adequate premises for
Long term
Judicial
Budget of
3.8.1.2. Providing adequate premises for work
work of the Judicial Academy
Academy,
Republic of
and trainings
2. Providing the premises for the
Ministry in
Serbia
organization of trainings in regional
charge of
centres
judiciary,
3. Providing training premises in
Government
bigger courts and public prosecutors’
offices
Budget of
3.8.1.3. Adoption of a five-year plan for financial 1. Establishment of a working group First quarter of 2014 Judicial
for drafting the plan
Academy
Republic of
strengthening of the Judicial Academy
2. Drafting of the plan
Serbia
3. Submission of the draft plan and
consideration of the comments
4. Adoption of the plan
95
3.8.2 STRATEGIC GUIDELINE: ADMINISTRATIVE STRENGTHENING AND IMPROVEMENT OF ORGANIZATION AND WORK
PROCEDURES OF THE JUDICIAL ACADEMY
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Drafting of a new job
Fourth quarter of
Judicial
Budget of
3.8.2.1. Adoption of the new job classification
classification in line with the
2013
Academy
Republic of
development strategy
Serbia
2. Filling of vacancies in accordance
with the classification
3.8.2.2.
Adoption of the new Rulebook on
Procedure in the Judicial Academy
1. Establishment of a working group First quarter of 2014
for drafting the Rulebook
2. Drafting of the Rulebook
3. Submission of the draft Rulebook
and consideration of the comments
4. Adoption of the Rulebook on
procedure in the Judicial Academy
96
Judicial
Academy
Budget of
Republic of
Serbia
II TABLE VIEW OF THE ACTION PLAN
4TH PRINCIPLE: ACCOUNTABILITY
4.1. STRATEGIC OBJECTIVE: ESTABLISHMENT OF CLEAR, OBJECTIVE AND TRANSPARENT STANDARDS FOR PERFORMANCE
APPRAISAL OF JUDICIAL OFFICE HOLDERS (EVALUATION OF WORK, ETHICS, DISCIPLINE, CIVIL LIABILITY OF JUDICIAL
OFFICE HOLDERS)
STRATEGIC OBJECTIVE INDICATORS:
1. Rulebooks on the Criteria and Standards for Performance Appraisal of Judges and Public Prosecutors adopted,
2. Amendments to the Law on Judges and the Law on Public Prosecutor’s Office drafted,
3. Bylaws on disciplinary accountability and the Code of Ethics adopted/amended
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the work of the High Judicial Council
2. Report on the work of the State Prosecutorial Council
3. Report on the work of the Ministry
4.1.1 STRATEGIC GUIDELINE: ESTABLISHMENT OF CLEAR, OBJECTIVE AND TRANSPARENT CRITERIA FOR PERFORMANCE
APPRAISAL AND PROMOTION OF JUDGES, PRESIDENTS OF COURTS, PUBLIC PROSECUTORS AND DEPUTY PUBLIC
PROSECUTORS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
Fourth quarter 2013
High Judicial
Budget of
4.1.1.1. Adoption of the Rulebook on the Criteria 1. Rendering draft of the Rulebook
2. Adoption of the Rulebook
Council
Republic of
and Standards for Performance
Serbia and
Appraisal and Promotion of Judges and
international
Court Presidents
assistance
(OSCE)
97
4.1.1.2.
4.1.1.3.
Drafting of the Law on Amendments to
the Law on Judges in terms of defining
the importance of the criteria for
performance appraisal and promotion of
judges and court presidents
Adoption of the Rulebook on the Criteria
and Standards for Performance
Appraisal and Promotion of Public
Prosecutors and Deputy Public
Prosecutors
1. Continuation of the work of the
working group
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
1. Rendering draft of the Rulebook
2. Adoption of the Rulebook
Middle-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
Fourth quarter 2013
State Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
(OSCE)
Budget of
Republic of
Serbia and
international
assistance
Middle-term
Ministry in charge
Amending of the Law on Amendments to 1. Continuation of the work of the
working group
of judiciary
4.1.1.4. the Law on Public Prosecutor’s Office in
2. Drafting of the Law
terms of defining the importance of the
3. Public debate
criteria for performance appraisal of
4. Submission of the Draft to the
public prosecutors and deputy public
Government
prosecutors
4.1.2 STRATEGIC GUIDELINE: NORMATIVE STRENGTHENING OF DISCIPLINARY ACCOUNTABILITY OF JUDGES, PUBLIC
PROSECUTORS AND DEPUTY PUBLIC PROSECUTORS, PARTICULARLY EMPHASIZING THE OBLIGATION TO ADHERE TO THE
CODE OF ETHICS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
98
4.1.2.1.
4.1.2.2.
4.1.2.3.
Draft Law on Amendments and
Supplements to the Law on Judges to
strengthen disciplinary accountability
(such as professionalization of
disciplinary bodies; extension of
disciplinary bodies’ authority;
introduction of the obligation of the
courts’ presidents to file disciplinary
charges in case of violation of discipline;
improvement of the monitoring
mechanisms over the work of the
disciplinary bodies; prescribing
obligation of court administration to take
care of the maintenance of discipline)
Amending the Rulebook on Disciplinary
Proceedings and Disciplinary
Accountability of Judges in line with the
amendments of the Law on Judges
Draft Law on Amendments and
Supplements to the Law on Public
Prosecutor’s Office to strengthen
disciplinary accountability (such as the
professionalization of disciplinary bodies;
extension of the disciplinary bodies’
1. Continuation of the work of the
working group
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
Middle-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
1. Establishment of the working
group to draft the Rulebook
2. Drafting of the Rulebook
3. Submission of the Draft for
comments and consideration of the
comments
4. Adoption of the Rulebook
1. Continuation of the work of the
working group
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
Middle-term
High Judicial
Council
Budget of
Republic of
Serbia and
international
assistance
Middle-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
99
4.1.2.4.
authority; introduction of the obligation
of the courts’ presidents to file
disciplinary charges in case of violation of
discipline; improvement of the
monitoring mechanisms over the work of
the disciplinary bodies; prescribing
obligation of court administration to take
care of the maintenance of discipline, etc.)
Amending the Rulebook on disciplinary
proceedings and disciplinary
accountability of public prosecutors and
deputy public prosecutors in line with the
amendments of the Law on Public
Prosecutor’s Office
4.1.2.5.
Amending of the Code of Ethics for
Judges in terms of prescribing oversight
mechanisms for adherence to the rules of
the Code of Ethics
4.1.2.6.
Adoption of a Code of Ethics for Public
Prosecutors and Deputy Public
Prosecutors
1. Establishment of the working
group to draft the Rulebook
2. Drafting of the Rulebook
3. Submission of the Draft for
comments and consideration of the
comments
4. Adoption of the Rulebook
1. Establishment of the working
group to draft the Code of Ethics
2. Drafting of the Code of Ethics
3. Submission of the Draft for
comments and consideration of the
comments
4. Adoption of the Code of Ethics
1. Rendering final draft of the Code
of Ethics
2. Adoption of the Code of Ethics
100
Middle-term
State Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
Middle-term
High Judicial
Council
Budget of
Republic of
Serbia and
international
assistance
Third quarter 2013
State Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
4.1.3 STRATEGIC GUIDELINE: AMENDMENTS TO THE NORMATIVE FRAMEWORK IN TERMS OF CIVIL LIABILITY OF THE
JUDICIAL OFFICE HOLDERS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
Fulfilled during the drafting of the
Fulfilled during the
Ministry in charge
Budget of
4.1.3.1. Draft Law on Amendments and
Action Plan
drafting of the Action of judiciary
Republic of
Supplements to the Law on Judges in
Plan
Serbia
terms of amending the provisions on civil
liability of judges, in accordance with the
following principles:
1. Republic of Serbia may call upon
judge to reimburse the amount paid, if
the damage was caused intentionally,
2. If the intentional infliction of harm
has been established in regular civil
proceedings,
3. If the decision of the European Court
of Human Rights or any other
international court established that
during the proceedings human rights and
fundamental freedoms have been
violated, and that the judgment was
based on such violation or that the
judgment was absent, due to violations of
the right to trial within a reasonable time
Fulfilled during the drafting of the
Fulfilled during the
Ministry in charge
Budget of
4.1.3.2. Draft Law on Amendments and
Action Plan
drafting of the Action of judiciary
Republic of
Supplements to the Law on Public
101
Plan
Serbia
Prosecutor’s Office in terms of amending
the provisions on civil liability of the
public prosecutors/deputy public
prosecutors in accordance with the
following principles:
1. Republic of Serbia may call upon the
public prosecutor/deputy public
prosecutor to reimburse the amount paid,
if the damage was caused intentionally,
2. If the intentional infliction of harm
has been established in regular civil
proceedings,
3. If the decision of the European Court
of Human Rights or any other
international court established that
during the proceedings human rights and
fundamental freedoms have been
violated, and that the judgment was
based on such violation
4.2. STRATEGIC OBJECTIVE: EFFICIENT AND TRANSPARENT INSTRUMENTS FOR APPLYING STANDARDS AND ANALYZING
WORK PERFORMANCE
STRATEGIC OBJECTIVE INDICATORS:
1. Fully introduced and functional centralized data collection and processing system,
2. The number of conducted trainings,
3. The swiftness of obtaining information,
4. By-laws regulating the content of the uniform work report adopted,
5. Law on Organization of Courts and Law on Public Prosecutor’s Office drafted
102
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on the work of the High Judicial Council
2. Report on the work of the State Prosecutorial Council
3. Report on the work of the Ministry
4. Report on the work of the Judicial Academy
4.2.1 STRATEGIC GUIDELINE: COLLECTING AND PROCESSING DATA ON ALL PERFORMANCE APPRAISAL AND
CRITERIA, AND SUBMITTING REPORTS ON WORK IN A UNIFORM MODEL FORM
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
THE MEASURE
1. Analysis of the results of existing
Long-term
Ministry in
4.2.1.1. Introduction of a centralized data
data collection and processing
charge of
collection and processing system in all
systems in courts (AVP, SAPS)
judiciary,
courts
2. Evaluation of the results of the
Supreme Court
pilot project for introducing SAPS in
of Cassation,
courts
High Judicial
3. Undertaking of cost analysis of the
Council
introduction of a centralized system
4. Selection of the most efficient
system and its introduction in all
courts
1. Evaluation of the results of the
Long-term
Ministry in
4.2.1.2. Introduction of a centralized data
pilot project for introducing SAPO in
charge of
collection and processing system in all
public prosecutors’ offices
judiciary, State
public prosecutors’ offices
2. Undertaking of the cost analysis of
Prosecutorial
introduction of a centralized system
Council,
3. Installation of the centralized data
Republic Public
103
EVALUATION
SOURCES OF
FUNDS
Budget of
Republic of
Serbia and
international
assistance (IPA
2012)
Budget of
Republic of
Serbia and
international
assistance
4.2.1.3.
Conducting trainings for employees in
courts and public prosecutors’ offices for
working with the centralized data
collection and processing system
4.2.1.4.
Adoption of a bylaw regulating the
content of work reports in accordance
with the adopted criteria
4.2.1.5.
Applying normative framework in terms
of submission of working reports and
performing upon those reports
collection and processing system in
all public prosecutors’ offices
1. Determining the circle of
employees that will take part in the
training
2. Determining the training program
for employees
3. Implementation of the employee
training
1. Establishment of a working group
for drafting the act
2. Drafting of the act
3. Submission of the act for
comments and consideration of the
comments
4. Adoption of the act
1. Submission of working reports by
the judicial office holders
2. Consideration of working reports
by the competent authorities and
acting in accordance with the law
104
Long-term
First quarter 2014
Continuously
Prosecutor’s
Office
Ministry in
charge of
judiciary, High
Judicial
Council, State
Prosecutorial
Council,
Judicial
Academy
High Judicial
Council, State
Prosecutorial
Council
Courts, public
prosecutor’s
offices, High
Judicial
Council, State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
Budget of
Republic of
Serbia
Budget of
Republic of
Serbia
4.2.1.6.
Review of operational capabilities of
centralized data collection and processing
systems in courts and public prosecutors’
offices, and possible improvements of the
program according to the requirements
of the courts and public prosecutors’
offices
1. Review of operational capabilities
of introduced centralized data
collection and processing systems
2. Improving the program by
introducing various new applications,
according to the requirements of the
courts and public prosecutors’ offices
Long-term
4.2.2 STRATEGIC GUIDELINE: ESTABLISHMENT OF A UNIFORM SYSTEM FOR THE COLLECTION,
OF COMPLAINTS AND PETITIONS RELATING TO THE WORK OF JUDICIAL OFFICE HOLDERS
DEADLINE FOR
No.
MEASURE
ACTIVITY
COMPLETION OF
THE MEASURE
1. Continuation of the work of the
Middle-term
4.2.2.1. Draft Law on Amendments and
Supplements to the Law on Organization working group
2. Drafting of the Law
of Courts with a view to establish a
3. Public debate
uniform system for the collection,
processing and analysis of complaints and 4. Submission of the Draft to the
Government
petitions relating to the work of judicial
office holders, carried out by the High
Judicial Council
1. Establishment of a working group
Middle-term
4.2.2.2. Amendments to the Court Rules of
for drafting the Court Rules of
Procedure in line with the Amendments
Procedure
and Supplements to the Law on
2. Drafting of the Court Rules of
Organization of Courts
Procedure
3. Submission of the Court Rules of
Procedure for comments and
105
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia and
international
assistance (IPA
2012)
PROCESSING AND ANALYSIS
COMPETENT
AUTHORITY
SOURCES OF
FUNDS
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia
4.2.2.3.
4.2.2.4.
4.2.2.5.
Draft Law on Amendments and
Supplements to the Law on Public
Prosecutor’s Office with a view to
establish a uniform system for the
collection, processing and analysis of
complaints and petitions relating to the
work of judicial office holders, carried
out by the State Prosecutorial Council
Amendments to the Rulebook on
Administration in Public Prosecutor’s
Office in line with the Amendments and
Supplements to the Law on Public
Prosecutor’s Office
Strengthening the capacity of the High
Judicial council to more efficiently act
upon the complaints and petitions
relating to the work of judicial office
holders
consideration of the comments
4. Adoption of the Court Rules of
Procedure
1. Continuation of the work of the
working group
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
1. Establishment of a working group
for drafting the Rulebook
2. Drafting of the Rulebook
3. Submission of the Rulebook for
comments and consideration of the
comments
4. Adoption of the Rulebook
1. Conducting an analysis to
determine the existing capacities of
the High Judicial Council
2. Determining the required number
of employees in the complaints and
petitions division
3. Filling of vacancies
106
Middle-term
Ministry in
charge of
judiciary
Budget of
Republic of
Serbia and
international
assistance
Middle-term
State
Prosecutorial
Council
Budget of
Republic of
Serbia
Middle-term
High Judicial
Council
Budget of
Republic of
Serbia and
international
assistance
(Programme of
Norwegian
bilateral
assistance of
the
Government of
the Kingdom of
Norway, IPA
2013)
Budget of
Republic of
Serbia and
international
assistance (IPA
2013)
1. Conducting an analysis to
Middle-term
State
determine the existing capacities of
Prosecutorial
the State Prosecutorial Council
Council
2. Determining the required number
of employees in the complaints and
petitions division
3. Filling of vacancies
4.2.3 STRATEGIC GUIDELINE: TRANSPARENT CONDUCT OF REGULAR AND EXTRAORDINARY PERFORMANCE APPRAISAL OF
JUDGES AND PUBLIC PROSECUTORS
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
High Judicial
Budget of
4.2.3.1. Perform transparent regular appraisal of 1. Establish new judges’ performance Continuously,
appraisal ratios
periodically
Council
Republic of
judges’ performance
2. Regular judges’ performance
Serbia
appraisals are conducted, including a
rationale for the decision and the right
to judicial protection
1. Determining clear and objective
Continuously,
High Judicial
Budget of
4.2.3.2. Perform transparent extraordinary
criteria for extraordinary judges’
periodically
Council
Republic of
performance appraisal of judges
performance appraisal
Serbia
2. Conducting extraordinary judges’
4.2.2.6.
Strengthening the capacity of the State
Prosecutorial Council to more efficiently
act upon the complaints and petitions
relating to the work of judicial office
holders
107
performance appraisals , including a
rationale for the decision and the right
to judicial protection
1. Establishing clear and objective
Continuously,
State
Budget of
4.2.3.3. Perform transparent regular
criteria for regular prosecutors’ and
periodically
Prosecutorial
Republic of
performance appraisal of public
deputies’ performance appraisal ratios
Council
Serbia
prosecutors and deputy public
2. Conducting regular prosecutors’
prosecutors
and deputies’ performance appraisals,
including a rationale for the decision
and the right to judicial protection
1. Establishing clear and objective
Continuously,
State
Budget of
4.2.3.4. Perform transparent extraordinary
criteria for extraordinary performance periodically
Prosecutorial
Republic of
performance appraisal of public
appraisal of prosecutors and deputies
Council
Serbia
prosecutors and deputy public
2. Conducting extraordinary
prosecutors
performance appraisals of public
prosecutors and deputy public
prosecutors , including a rationale for
the decision and the right to judicial
protection
4.2.4 STRATEGIC GUIDELINE: STRENGTHENING OF THE EXISTING MECHANISMS FOR TRANSPARENT DETERMINATION OF
DISCIPLINARY ACCOUNTABILITY OF HOLDERS OF JUDICIAL OFFICES
DEADLINE FOR
COMPETENT SOURCES OF
No.
MEASURE
ACTIVITY
COMPLETION OF AUTHORITY
FUNDS
THE MEASURE
1. Determining the existing and
Second quarter 2014 High Judicial
Budget of
4.2.4.1. Strengthening the capacity of the
required number of employees
Council
Republic of
disciplinary bodies at High Judicial
2. Filling of potential vacancies
Serbia
Council
108
4.2.4.2.
Strengthening the capacity of the
disciplinary bodies at State Prosecutorial
Council
1. Determining the existing and
required number of employees
2. Filling of potential vacancies
Second quarter 2014
State
Prosecutorial
Council
Budget of
Republic of
Serbia
4.2.4.3.
Training of the employees in the
disciplinary bodies in High Judicial
Council
1. Determine training needs
2. Conducting of training
Continuously
High Judicial
Council,
Judicial
Academy
4.2.4.4.
Training of the employees in the 1. Determine training needs
disciplinary bodies in State Prosecutorial 2. Conducting of training
Council
Continuously
State
Prosecutorial
Council,
Judicial
Academy
4.2.4.5.
Amending of relevant bylaws in terms of
introducing the obligation of the
disciplinary bodies to submit work
reports
Fourth quarter 2013
High Judicial
Council, State
Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
(OSCE)
Budget of
Republic of
Serbia and
international
assistance
(OSCE)
Budget of
Republic of
Serbia
4.2.4.6.
Consistent implementation of bylaws with
regard to the obligation of the
disciplinary bodies to submit work
reports
Continuously
High Judicial
Council, State
Prosecutorial
Council
1. Establishment of the working
group
2. Drafting of the acts
3. Submission of the acts for
comments and consideration of the
comments
4. Adoption of the acts
1. Submitting of reports on work of
disciplinary bodies2. Publication of
the reports to inform the public on the
work of disciplinary bodies
109
Budget of
Republic of
Serbia
3. Publication of the standpoints taken
in interpretation of the rules on
disciplinary accountability
Middle-term
High Judicial
Budget of
4.2.4.7. Further improvement of mechanisms for 1. Review of work reports and
Council, State
Republic of
determining disciplinary accountability of evaluation of the efficiency of the
mechanism
Prosecutorial
Serbia and
judges and public prosecutors
2. Improvement of the existing
Council
international
mechanism based on the findings of
assistance
the review
4.3 STRATEGIC OBJECTIVE: FUNCTIONAL AND TRANSPARENT MECHANISMS OF ACCOUNTABILITY (FOR PERFORMANCE
APPRAISAL, ETHICAL STANDARDS AND DISCIPLINARY RULES, AS WELL AS OF ACCOUNTABILITY OF SELF-GOVERNING
STRUCTURES)
STRATEGIC OBJECTIVE INDICATORS:
1. The number of initiated disciplinary proceedings,
2. The number of filed disciplinary charges,
3. The number of imposed disciplinary sanctions,
4. The number of enforced disciplinary sanctions,
5. The number of statute-barred cases,
6. Law on Judges and Law on Prosecutor’s Office drafted.
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on work of disciplinary bodies,
2. Report on work of the Ministry
4.3.1 STRATEGIC GUIDELINE: CONSISTENT AND TRANSPARENT APPLICATION OF THE NORMATIVE FRAMEWORK
REGULATING DISCIPLINARY ACCOUNTABILITY OF JUDICIAL OFFICE HOLDERS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
110
4.3.1.1.
Consistent implementation of advanced
legislative framework with regard to
strengthening disciplinary accountability
Activities shall be defined during the
updating of the Action Plan
Continuously,
beginning middleterm
4.3.1.2.
Analysis of work reports of disciplinary
authorities in courts, undertaking legally
prescribed measures
Continuously
4.3.1.3.
Analysis of work reports of disciplinary
authorities in public prosecutors’ offices,
undertaking legally prescribed measures
4.3.1.4.
Monitoring of the enforcement of
pronounced disciplinary sanctions in
courts
4.3.1.5.
Monitoring of the enforcement of
1. Determining the number of
instituted proceedings and the number
of filed disciplinary charges
2. Statistical processing of collected
data according to specified criteria
3. Undertaking legally prescribed
measures based on the results of the
analysis
1. Determining the number of
instituted proceedings and the number
of filed disciplinary charges
2. Statistical processing of collected
data according to specified criteria
3. Undertaking legally prescribed
measures based on the results of the
analysis
1. Informing the competent
authorities on the enforcement of
imposed sanctions
2. Analysis and processing of data on
the number and type of imposed
sanctions
1. Informing the competent
111
High Judicial
Council, State
Prosecutorial
Council
High Judicial
Council
Budget of
Republic of
Serbia
Continuously
State Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
Continuously
High Judicial
Council
Budget of
Republic of
Serbia
Continuously
State Prosecutorial
Budget of
Budget of
Republic of
Serbia and
international
assistance
authorities on the enforcement of
Council
Republic of
imposed sanctions
Serbia
2. Analysis and processing of data on
the number and type of imposed
sanctions
4.3.2 STRATEGIC GUIDELINE: STRENGTHENING TRANSPARENT MECHANISMS OF ACCOUNTABILITY FOR MALPRACTICE
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Continuation of the work of the
Middle-term
Ministry in charge Budget of
4.3.2.1. Drafting of Law on Amendments and
working group
of judiciary
Republic of
Supplements to the Law on Judges in
2. Drafting of the Law
Serbia and
terms of strengthening mechanisms for
3. Public debate
international
sanctioning malpractice (i.e. introduce
assistance
new sanctions for malpractice, strengthen 4. Submission of the Draft to the
Government
the relation between work results and
promotion possibilities)
pronounced disciplinary sanctions in
public prosecutor’s offices
4.3.2.2.
4.3.2.3.
Consistent implementation of the
amended Law on Judges in terms of
strengthening mechanisms for
sanctioning malpractice
Drafting of Law on Amendments and
Supplements to the Law on Public
Prosecutor’s Office in terms of
strengthening mechanisms for
sanctioning malpractice (i.e. introduce
new sanctions for malpractice, strengthen
Activities shall be defined during the
updating of the Action Plan
Continuously,
beginning middleterm
High Judicial
Council, Judicial
Academy ,
Budget of
Republic of
Serbia
1. Continuation of the work of the
working group
2. Drafting of the Law
3. Public debate
4. Submission of the Draft to the
Government
Middle-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
112
the relation between work results and
promotion possibilities)
Activities shall be defined during the
Continuously,
State Prosecutorial Budget of
Consistent implementation of the
updating of the Action plan
beginning middleCouncil, Judicial
Republic of
amended Public Prosecutor’s Office in
term
Academy
Serbia
terms of strengthening mechanisms for
sanctioning malpractice
4.3.3 STRATEGIC GUIDELINE: ESTABLISHMENT OF A SYSTEM OF ACCOUNTABILITY OF THE HIGH JUDICIAL COUNCIL AND
THE STATE PROSECUTORIAL COUNCIL AND IMPROVEMENT OF ACCOUNTABILITY OF MEMBERS OF THESE BODIES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
4.3.2.4.
4.3.3.1.
Drafting of the Law on Amendments and
Supplements to the Law on the High
Judicial Council in terms of improving the
provisions on accountability
4.3.3.2.
Adoption of the Code of Ethics for members
of the High Judicial Council
1. Establishment of the working
group
2. Drafting of the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment of a working
group for drafting the Code of
Ethics
2. Drafting of the Code of Ethics
3. Submission of the working text
for comments and consideration of
the comments
4. Adoption of the Code of Ethics
113
Fourth quarter 2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
Fourth quarter 2013
High Judicial
Council
Budget of
Republic of
Serbia
4.3.3.3.
Drafting of the Law on Amendments and
Supplements to the Law on the State
Prosecutorial Council in terms of improving
the provisions on accountability
4.3.3.4.
Adoption of the Code of Ethics for the
members of the State Prosecutorial Council
1. Establishment of the working
group
2. Drafting of the working text of
the Law
3. Public debate
4. Submission of the Draft Law to
the Government
1. Establishment of a working
group for drafting the Code of
Ethics
2. Drafting of the Code of Ethics
3. Submission of the text for
comments and consideration of the
comments
4. Adoption of the Code of Ethics
Fourth quarter 2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
Fourth quarter 2013
State Prosecutorial
Council
Budget of
Republic of
Serbia
4.4 STRATEGIC OBJECTIVE: FUNCTIONAL AND TRANSPARENT MECHANISMS OF ACCOUNTABILITY OF MEMBERS OF JUDICIAL
PROFESSIONS
STRATEGIC OBJECTIVE INDICATORS:
1. Adoption of relevant bylaws in the field of accountability of members of judicial professions,
2. Law on Permanent Court Interpreters and Law on Expert Witnesses drafted
3. Disciplinary bodies established
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on work of the Ministry
2. Data gathered from the Chamber of Bailiffs and the Chamber of Public Notaries
4.4.1 STRATEGIC GUIDELINE: STRENGTHENING TRANSPARENT MECHANISMS OF ACCOUNTABILITY OF BAILIFFS
114
COMPETENT
AUTHORITY
SOURCES
OF FUNDS
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(IPA
2012,GIZ
Legal reform
project)
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012,
GIZ Legal
reform
project)
Budget of
Republic of
Serbia
No.
MEASURE
ACTIVITY
4.4.1.1.
Adoption of the Rulebook on the Conduct of
Oversight of the Work of Bailiffs by the
Ministry
1. Establishment of a working
group for drafting the Rulebook
2. Drafting of the Rulebook
3. Submission of the text for
comments and consideration of the
comments
4. Adoption of the Rulebook
4.4.1.2.
Adoption of the Rulebook on the Conduct of
Oversight of the Work of Bailiffs by the
Chamber of Bailiffs
1. Establishment of a working
group for drafting the Rulebook
2. Drafting of the Rulebook
3. Submission of the text for
comments and consideration of the
comments
4. Adoption of the Rulebook
Middle-term
The Chamber of
Bailiffs
4.4.1.3.
Establishment of disciplinary bodies
1. Conducting the selection
procedure for disciplinary bodies
2. Adoption of the decision on
establishing of disciplinary bodies
3. Publication of the decision on
establishing of disciplinary bodies
Middle-term
Ministry in charge
of judiciary
115
DEADLINE FOR
COMPLETION OF
THE MEASURE
Middle-term
1. Conducting of analyses to
Middle-term
Ministry in charge Budget of
determine the need to strengthen
of judiciary
Republic of
its capacities of the Ministry in
Serbia and
charge of the judiciary
international
2. Amendments to the Act on the
assistance
Job Classification of the Ministry
(IPA 2012,
in charge of the judiciary
GIZ Legal
2. Launching of an open
reform
competition for filling vacancies
project)
3. Filling of vacancies based on the
competition results
4.4.2 STRATEGIC GUIDELINE: ESTABLISHMENT OF A TRANSPARENT ACCOUNTABILITY SYSTEM FOR PUBLIC NOTARIES
No.
MEASURE
ACTIVITY
DEADLINE FOR
COMPETENT
SOURCES
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of a working
Middle-term
Chamber of Public Budget of
4.4.2.1. Adoption of the act on disciplinary
group for drafting of the act
Notaries
Republic of
accountability
2. Drafting of the act
Serbia and
3. Submission of the act for
international
comments and consideration of the
assistance
comments
4. Adoption of the act
1. Establishment of the working
Middle-term
Ministry in charge Budget of
4.4.2.2. Adoption of a bylaw that more closely
group for drafting of the act
of judiciary
Republic of
regulates oversight of the work of public
2. Drafting of the act
Serbia and
notaries by the Ministry in charge of the
3. Submission of the act for
international
judiciary
comments and consideration of the
assistance
4.4.1.4
Improvement of the capacities of the
Ministry in charge of the judiciary for
conducting oversight of the work of bailiffs
116
comments
4. Adoption of the act
4.4.2.3.
Adoption of a bylaw that more closely
regulates oversight of the work of public
notaries by the Chamber of Public Notaries
1. Establishment of the working
group for drafting of the act
2. Drafting of the act
3. Submission of the act for
comments and consideration of the
comments
4. Adoption of the act
Middle-term
Chamber of Public
Notaries
4.4.2.4.
Adoption of the Code of Ethics
Middle-term
Chamber of Public
Notaries
4.4.2.5.
Improvement of capacities of the Ministry in
charge of the judiciary
1. Establishment of the working
group for drafting of the Code of
Ethics
2. Drafting of the Code of Ethics
3. Submission of the Code of
Ethics for comments and
consideration of the comments
4. Adoption of the Code of Ethics
1. Conduct analysis to determine
the need for strengthening of the
capacities of the Ministry in charge
of judiciary
2. Amendments to the Act on the
Job Classification of the Ministry
in charge of the judiciary
Middle-term
Ministry in charge
of judiciary
117
(GIZ Legal
reform
project)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project,
MDTF)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
2. Launching of an open
project,
competition for filling vacancies
MDTF)
3. Filling of vacancies based on the
competition results
4.4.3 STRATEGIC GUIDELINE: STRENGTHENING TRANSPARENT MECHANISMS OF ACCOUNTABILITY OF EXPERT WITNESSES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Submission of reports from the
Continuously
Ministry in charge Budget of
4.4.3.1. Consistent implementation of the Law on
meetings where issues of
of judiciary
Republic of
Expert Witnesses in terms of the obligation
Serbia
to consider issues of importance to the court importance to the court regarding
the work of expert witnesses are
at least once per year, at the annual session
reviewed
of judges in the first instance courts,
2. On the basis of the conclusions
regarding the work of expert witnesses
adopted at the session of judges,
the presidents of courts determine
the need to increase the number of
expert witnesses for a specific field
or propose dismissal of expert
witnesses
1. Establishment of the working
Long term
Ministry in charge Budget of
4.4.3.2. Drafting of Amendments and Supplements
group
of judiciary
Republic of
to the Law on Expert Witnesses in terms of
2. Drafting of the Law
Serbia
changing the procedures for dismissal of
3. Public debate
expert witnesses
4. Submission of the Draft Law to
the Government
1. Conducting of analysis to
Long term
Ministry in charge Budget of
4.4.3.3. Improvement of capacities of Ministry in
118
determine the need of Ministry in
of judiciary
Republic of
charge of judiciary to strengthen its
Serbia and
capacities
international
2. Amendments to the Act on the
assistance
Job Classification at the Ministry
in charge of judiciary
2. Launching of an open
competition for filling vacancies
3. Filling of vacancies based on the
competition results
4.4.4 STRATEGIC GUIDELINE: STRENGTHENING TRANSPARENT MECHANISMS OF ACCOUNTABILITY OF PERMANENT COURT
INTERPRETERS
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of the working
Middle-term
Ministry in charge Budget of
4.4.4.1. Drafting of the Law on Permanent Court
group
of judiciary
Republic of
Interpreters, especially with a view to
2. Drafting of the Law
Serbia
improving oversight of the work of court
3. Public debate
interpreters
4. Submission of the Draft Law to
the Government
charge of judiciary
4.4.4.2.
Amendments to the Court Rules of
Procedure with a view to establishing the
obligation of first instance courts to consider
issues of relevance to court interpreters
1. Establishment of a working
group for drafting the Court Rules
of Procedure
2. Drafting of the Court Rules of
Procedure
119
Middle-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
3. Submission of the Court Rules
of Procedure
for comments and consideration of
the comments
4. Adoption of the Court Rules of
Procedure
1. Conduct analysis to determine
Middle-term
Ministry in charge
4.4.4.3. Improvement of capacities of Ministry in
the need for strengthening of the
of judiciary
charge of judiciary
capacities of the Ministry in charge
of judiciary
2. Amendments to the Act on the
Job Classification at the Ministry
in charge of judiciary
2. Launching of an open
competition for filling vacancies
3. Filling of vacancies based on the
competition results
4.4.5 STRATEGIC GUIDELINE: ESTABLISHING TRANSPARENT MECHANISMS OF ACCOUNTABILITY OF MEDIATORS
DEADLINE FOR
COMPETENT
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
THE MEASURE
1. Continuation of the work of the Fourth quarter of
Ministry in charge
4.4.5.1. Drafting of the Law on Mediators in terms
working group
2013
of judiciary
of specifying the provisions on the
2. Drafting of the Law
accountability of mediators
3. Public debate
4. Submission of the Draft to the
Government
120
Budget of
Republic of
Serbia and
international
assistance
SOURCES
OF FUNDS
Budget of
Republic of
Serbia and
international
assistance
1. Establishment of a working
Middle-term
Chamber of
Budget of
group for drafting the Code of
Mediators,
Republic of
Ethics
Ministry in charge Serbia and
2. Drafting of the Code of Ethics
of judiciary
international
3. Submission of the Code of
assistance
Ethics for comments and
consideration of the comments
4. Adoption of the Code of Ethics
1. Conduct analysis to determine
Middle-term
Ministry in charge Budget of
4.4.5.3. Improvement of capacities of Ministry in
the need for strengthening of the
of judiciary
Republic of
charge of judiciary
capacities of the Ministry in charge
Serbia and
of judiciary
international
2. Amendments to the Act on the
assistance
Job Classification at the Ministry
in charge of judiciary
3. Launching of an open
competition for filling vacancies
4. Filling of vacancies based on the
competition results
4.5 STRATEGIC OBJECTIVE: ENHANCING ACCOUNTABILITY MECHANISMS OF COURT AND PROSECUTORIAL STAFF (JUDGES`
AND PROSECUTORS` ASSISTANTS, TRAINEES, AS WELL AS CIVIL SERVANTS AND EMPLOYEES IN ADMINISTRATIVE,
TECHNICAL, ACCOUNTING, IT AND OTHER SUPPORTING SERVICES), AS WELL AS THE ACCOUNTABILITY OF EMPLOYEES IN
ADMINISTRATIVE OFFICES OF THE HIGH JUDICIAL COUNCIL AND STATE PROSECUTORIAL COUNCIL AND SECRETARIES OF
THESE BODIES
STRATEGIC OBJECTIVE INDICATORS:
1. Analysis of existing rules and regulations on the liability of courts` and prosecutors` stuff (judges` and prosecutors` assistants, trainees, civil servants
engaged with administrative, technical, accounting, IT and other supporting services), as well as the liability of employees in administrative offices of
4.4.5.2.
Adoption of the Code of Ethics for
Mediators
121
High Judicial Council and State Prosecutorial Council, and secretaries of these bodies carried out
SOURCES OF VERIFICATION OF INDICATORS:
1. Report on work of the Ministry
2. Report on work of the High Judicial Council
3. Report on work of the State Prosecutorial Council
4.5.1 STRATEGIC GUIDELINE: IMPROVEMENT OF THE MECHANISM OF ACCOUNTABILITY OF JUDGES’ AND PROSECUTORS`
ASSISTANTS AND TRAINEES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of a working
Middle-term
Ministry in charge Budget of
4.5.1.1. Conducting of analysis of existing
of judiciary, High Republic of
regulations on accountability of judges’ and group for conducting an analysis of
existing
regulations
Judicial Council
Serbia and
prosecutors’ assistants and trainees, and
State Prosecutorial international
possible modification of those regulations in 2. Conduct of the analysis
3. Possible amendments of existing
Council
assistance
the form of excluding the accountability of
regulations in the form of
judges’ and prosecutors’ assistants and
excluding the accountability of
trainees from the general regime of
judges’ and prosecutors’ assistants
accountability of civil servants
and trainees from the general
regime of accountability of civil
servants
4.5.2 STRATEGIC GUIDELINE: STRENGTHENING THE MECHANISM OF ACCOUNTABILITY OF CIVIL SERVANTS AND EMPLOYEES
WORKING IN ADMINISTRATIVE, TECHNICAL, ACCOUNTING, IT AND OTHER SUPPORTING SERVICES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
122
1. Establishment of a working
Middle-term
Ministry in charge Budget of
Conducting of analysis of existing
group for conducting an analysis of
of judiciary, High Republic of
regulations on accountability of civil
existing regulations
Judicial Council,
Serbia and
servants and employees working in
2. Conduct of the analysis
State Prosecutorial international
administrative, technical, accounting, IT
3. Possible amendments of existing
Council
assistance
and other supporting services and possible
(IPA 2012)
modification of those regulations in the form regulations in the form of
excluding their accountability from
of excluding their accountability from the
the general regime of
general regime of accountability of civil
accountability of civil servants
servants
4.5.3 STRATEGIC GUIDELINE: ENHANCEMENT OF ACCOUNTABILITY OF EMPLOYEES IN ADMINISTRATIVE OFFICES OF THE
HIGH JUDICIAL COUNCIL AND STATE PROSECUTORIAL COUNCIL AND THE SECRETARIES OF THESE BODIES
DEADLINE FOR
COMPETENT
SOURCES
No.
MEASURE
ACTIVITY
COMPLETION OF
AUTHORITY
OF FUNDS
THE MEASURE
1. Establishment of a working Middle-term
Ministry in
Budget of
4.5.3.1. Conducting of analysis of existing
group for conducting an analysis of
charge of
Republic of
regulations on accountability of persons
existing regulations
judiciary, High
Serbia and
employed in administrative offices of the
2. Conduct of the analysis
Judicial Council, , international
High Judicial Council and the State
State
assistance
Prosecutorial Council, and the secretaries of 3. Possible amendments of existing
regulations in the form of
Prosecutorial
(IPA 2012,
these bodies, in the form of excluding their
excluding their accountability from
Council
IPA 2013)
accountability from the general regime of
the
general
regime
of
accountability of civil servants
accountability of civil servants
4.5.2.1.
123
II TABLE VIEW OF ACTION PLAN
5th PRINCIPLE: EFFICIENCY
5.1. STRATEGIC GOAL: ESTABLISHMENT OF EFFECTIVE AND EFFICIENT NETWORK OF COURTS AND PUBLIC PROSECUTORS’
OFFICES, IMPROVEMENT OF INTERNAL PROCEDURES FOR THE WORK OF THE MINISTRY, COURTS AND PUBLIC
PROSECUTORS’ OFFICES AND ENHANCEMENT OF THE INFRASTRUCTURE
STRATEGIC GOAL INDICATORS:
1. Number of old cases / depreciation ratio
2. Number of courts and public prosecutors’ offices per 100 000 citizens
3. Number of judges and public prosecutors per 100 000 citizens
4. Number of cases per judge/ public prosecutor (balance)
5. Scope and structure of the costs of judicial network
6. Established system of two-instance administrative judiciary
7. Internal procedures established and integrated
8. Scope of implementation of the measures intended for infrastructure improvement
INDICATOR VERIFICATION SOURCES:
1. Supreme Court of Cassation
2. Ministry in charge of judiciary
3. High Judicial Council and State Prosecutorial Council
4. Supreme Court of Cassation and Republic Public Prosecutor’s Office
5. Ministry in charge of judiciary
6. Ministry in charge of judiciary, Supreme Court of Cassation
7. Ministry in charge of judiciary, Supreme Court of Cassation, Republic Public Prosecutor’s Office
8. Ministry in charge of judiciary
9. Beside the stated indicators, we shall rely also on the methodology which was developed by CEPEJ
124
5.1.1. STRATEGIC GUIDELINE: ESTABLISHMENT OF AN EFFICIENT SYSTEM OF ALLOCATION OF JUDGES BASED ON THE
PRINCIPLE OF EQUALIZATION OF THE NUMBER OF CASES PER JUDGE, AS WELL AS ON ADDITIONAL CRITERIA TAKEN INTO
CONSIDERATION IN THE PROCESS OF ESTABLISHING THE NEW COURT NETWORK; RESPECT OF THE PRINCIPLE THAT A
JUDGE CAN BE TRANSFERRED ONLY IN THE COURT OF THE SAME RANK WHICH IS OVERTAKING COMPETENCES FROM THE
ABOLISHED COURT; INTRODUCTION OF THE SYSTEM OF PERMANENT HORIZONTAL TRANSFER AND RELOCATION OF
JUDGES (ON A VOLUNTARY BASIS, IN ACCORDANCE WITH THE CONSTITUTION AND WITH ADEQUATE STIMULATION) WITH
PARTICULAR REGARD TO THE REINTEGRATION OF JUDGES WHO RETURNED TO OFFICE AFTER THE DECISION OF THE
CONSTITUTIONAL COURT OF SERBIA IN 2012; TERMINATION OF OFFICE OF A PUBLIC PROSECUTOR ONLY IF THE PUBLIC
PROSECUTOR'S OFFICE WAS ABOLISHED. IT SHALL BE CONSIDERED
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1.Establishing of the working group for the
Third quarter of
High Judicial
Budget of
5.1.1.1. Development of the program for
development of the program for efficient
2013
Council, Ministry Republic of
efficient allocation of judges
allocation of judges
in charge of
Serbia
2.Development of the program for efficient
judiciary
allocation of judges
Activities shall be defined more precisely
Fourth quarter of
Budget of
5.1.1.2. Application of the program for
during the updating of the Action Plan
2013
Republic of
efficient allocation of judges
Serbia
5.1.2. STRATEGIC GUIDELINE: HARMONIZATION OF THE COURT NETWORK WITH THE BRUSSELS AGREEMENT (FIRST
AGREEMENT OF PRINCIPLES GOVERNING THE NORMALIZATION OF RELATIONS). CONDUCTION OF REGULAR PERIODIC
ANALYSES OF JUDICIAL NETWORK EFFICIENCY, BASED ON THE IMPROVED METHODOLOGY AND ITS GRADUAL
ADAPTATION TO ARISING NEEDS, AVOIDING SUDDEN CHANGES THAT ENTAIL A PERIOD OF ADJUSTMENT AND BACKLOG.
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
125
5.1.2.1.
Amendments to the Law on the Seats
and Territorial Jurisdiction of Courts
and Pubic Prosecutors’ Offices for
the purpose of harmonization with
the Brussels Agreement
1. Preparation of the final draft of the Law
2. Directing the draft of the Law on
Amendments to the Law on Seats and
Territorial Jurisdiction of Courts and Pubic
Prosecutors’ Offices to the Government
Third quarter of
2013
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
5.1.2.2.
Drafting of the Draft Law on
Organization of Courts on the
transfer of proceedings in the field of
intellectual property to the
jurisdiction of the Commercial Court
in Belgrade
Undertaking of regular periodical
efficiency analyses of the judicial
network using improved methodology
Fulfilled during the drafting of the Action
Plan
Fulfilled during
the drafting of the
Action Plan
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
1. Establishing of the working group for
creation of the new methodology model for
undertaking of periodical efficiency
analyses of judiciary
2. Undertaking of regular periodical
efficiency analyses of the judicial network
using improved methodology
1. Continuation of the work of the working
group for the preparation of the draft Law
2. Drafting text of Law
3. Public debate
4. Directing the draft Law to the
Government
5. Initiation of the work of corrected
network of courts pursuant to the Law on
Periodically,
beginning
medium-term
Ministry in charge
of judiciary,
Supreme Court of
Cassation,
Republic Public
Prosecutor’s
Office
Ministry in charge
of judiciary, High
Judicial Council
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
5.1.2.3.
5.1.2.4.
Adjusting of the judicial network to
the needs, pursuant to the results
received from periodical analyses
126
Periodically,
beginning longterm
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
the amendments to the Law on the Seats and
Territorial Jurisdiction of Courts and Pubic
Prosecutors’ Offices
Continuously
Courts, public
Undertaking of correctional measures Activities shall be defined more precisely
during the updating of the Action Plan
prosecutor’s
on the level of individual courts and
offices
prosecutors’ offices with the goal of
improving efficiency of the network
of courts and prosecutors’ offices as a
whole
5.1.3. STRATEGIC GUIDELINE: INTRODUCTION OF A TWO-TIER SYSTEM OF ADMINISTRATIVE COURTS
DEADLINE FOR
COMPETENT
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF MEASURE
1. Continuation of work of the working Medium-term
Ministry in charge
5.1.3.1. Development of normative
group for the preparation of the draft Law
of judiciary
framework for introduction of twoPreparation of the draft Law on
tier administrative judiciary through 2.
amendments to the Law
the amendments to the Law on
3. Public debate
Organization of Courts
4. Directing the draft Law on amendments
to the Law Government
5.1.2.5.
5.1.3.2.
Amendments to the Law on
Administrative Procedure
1. Establishing of the working group for the Medium-term
preparation of the draft Law
2.
Preparation of the draft Law on
amendments to the Law
3. Public debate
127
Budget of
Republic of
Serbia (IPA
2012)
SOURCES
OF FUNDS
Budget of
Republic of
Serbia
Ministry in charge Budget of
of judiciary
Republic of
Serbia
4. Directing the draft Law on amendments
to the Law to the Government
Activities shall be defined more precisely Long term
during the updating of the Action Plan
Budget of
Initiation of work of first-instance
Republic of
administrative courts and High
Serbia
Administrative Court
5.1.4. STRATEGIC GUIDELINE: IMPROVEMENT OF INTERNAL PROCEDURES OF THE MINISTRY (INCLUDING THE DIRECTORATE
FOR ENFORCEMENT OF CRIMINAL SANCTIONS), OF COURTS AND IN PROSECUTORS’ OFFICES
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Ministry in charge Budget of
5.1.4.1. Undertaking
of
comprehensive 1. Establishing of the working group for Medium-term
of judiciary,
Republic of
analysis of the internal procedures in undertaking of the analysis of the internal
Supreme Court of Serbia and
the Ministry in charge of the procedures in the Ministry, courts and
Cassation,
international
judiciary,
courts
and
public prosecutors’ offices
Republic Public
assistance
2. Undertaking of analysis
prosecutors’ offices
3. Preparation of the report on key problems
Prosecutor’s
(MDTF)
Office
within internal procedures with proposal for
their improvement
4. Directing the report on key problems
within internal procedures in the Ministry in
charge of the judiciary to the Supreme Court
of Cassation, and the Republic Public
Prosecutor’s Office
5.1.3.3.
5.1.4.2.
Undertaking
of
the
measures Activities shall be defined more precisely Long term
proposed upon the completion of the during the updating of the Action Plan
analysis
128
Ministry in charge
of judiciary,
Supreme Court of
Budget of
Republic of
Serbia and
Cassation,
international
Republic Public
assistance
Prosecutor’s
(MDTF)
Office
5.1.5. STRATEGIC GUIDELINE: FURTHER ENHANCEMENT OF JUDICIAL ADMINISTRATION THROUGH THE IMPLEMENTATION
OF THE ANALYSIS AND ASSESSMENT OF THE ROLE OF MANAGERS AND SECRETARIES OF COURTS AND PUBLIC
PROSECUTORS’ OFFICES, WITH PRECISE DETERMINATION OF THEIR POSITION AND COMPETENCES, IN ACCORDANCE WITH
THE CURRENT LEGAL FRAMEWORK
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Medium-term
Ministry in charge Budget of
5.1.5.1. Undertaking of the analysis of the 1. Establishing of working groups for
of judiciary, High Republic of
technical process of work of judicial undertaking of the analysis of the technical
Judicial Council,
Serbia and
administration, including evaluation process of work of judicial administration,
Republic Public
international
of the role of managers and including evaluation of the role of
Prosecutor’s
assistance
secretaries in courts and prosecutors’ administrators and secretaries in courts and
Office
(IPA 2012)
prosecutors’ offices
offices
2. Undertaking of the analysis
3. Preparation of the report on undertaken
analysis and evaluation of the role of
managers and secretaries in courts,
prosecutors’ office, with proposed measures
for improvement
4. Directing the report to the High Judicial
Council and Republic Public Prosecutor’s
Office
129
Activities shall be defined more precisely Long term
Budget of
Undertaking of measures for
during the updating of the Action Plan
Republic of
improvement of judicial
Serbia (IPA
administration, based on the results
2012)
of undertaken analysis and evaluation
5.1.6. STRATEGIC GUIDELINE: DEVELOPMENT OF INFRASTRUCTURAL INVESTMENT PLANNING PROCEDURES BASED ON THE
LEVEL OF PRIORITY, TO ENABLE THE MINISTRY’S ASSESSMENT OF A CLEARLY DEFINED AND PRIORITIZED LIST SUBMITTED
BY THE HIGH JUDICIAL COUNCIL AND THE STATE PROSECUTORIAL COUNCIL
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Ministry in charge Budget of
5.1.6.1. Establishing of improved uniform 1. Improvement of the database on the status Continuously
of judiciary, High Republic of
database
on
the
status
of of infrastructure and required investment
Judicial Council,
Serbia (IPA
infrastructure
and
required and its complementing with data related to
State Prosecutorial 2012)
investments for all the courts and the public prosecutors’ offices
2. Enabling full access to data in the
Council
public prosecutor’s offices
database on infrastructure to the Ministry
5.1.5.2.
5.1.6.2.
Periodical preparation of list of
required
investments
in
the
infrastructure created based on the
principle of priority by the High
Judicial
Council
and
State
Prosecutorial Council
1. Submitting proposed investments in the Periodically
infrastructure to the High Judicial Council
and State Prosecutorial Council
2. Establishing of special working teams
within the High Judicial Council and State
Prosecutorial
Council,
and
with
participation of the representatives of the
Ministry, who are competent for the issues
of investments in infrastructure
130
Ministry in charge
of judiciary, High
Judicial Council,
State Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
3. Preparation of the lists of required
investments and their submission to the
Ministry
1. Evaluation of the lists of required
Periodically
investments in the infrastructure
2. Preparation of the plan for investments in
infrastructure
Ministry in charge
Preparation of the investment plan
of judiciary
based on previous evaluation of the
lists of required investments in the
infrastructure which are submitted
by the High Judicial Council and
State Prosecutorial Council
5.1.7. STRATEGIC GUIDELINE: INTRODUCTION AND DEVELOPMENT OF CASE-WEIGHTING SYSTEM
DEADLINE FOR
COMPETENT
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF MEASURE
1.Establishing of the working group for the
Third quarter of
Ministry in charge
5.1.7.1. Development of the program for
of judiciary, High
establishing of the efficient system for development of the Program for establishing 2013
of the efficient system for weighing of cases
Judicial Council
weighing of cases
2. Development of the draft Program for
establishing of the efficient system for
weighing of cases
3. Sending draft Program for comments
4. Adoption of the Program
5.1.6.3.
5.1.7.2.
Efficient application of the system for
weighing of cases
1. Activities shall be defined more precisely
during the updating of the Action Plan
131
Medium-term
Budget of
Republic of
Serbia
SOURCES
OF FUNDS
Budget of
Republic of
Serbia
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
1
5.2. STRETEGIC GOAL: ESTABLISHING OF Е-JUSTICE
STRATEGIC GOAL INDICATORS:
INDICATOR VERIFICATION SOURCES:
5.2.1. STRATEGIC GUIDELINE: Improvement of efficiency by establishing of centralized ICT body for management of e-justice (directorate,
agency or public company)
5.2.2. STRATEGIC GUIDELINE: Enabling access of internet services to all users
5.2.3. STRATEGIC GUIDELINE: Ensuring sustainable development OF ICT system through financial management and user support services
during entire life cycle
5.2.4. STRATEGIC GUIDELINE: Achieving uniformity of ICT services, tools and methods across the entire judicial sector
5.2.5. STRATEGIC GUIDELINE: Supporting appropriate working environment and wide system availability
5.2.6. STRATEGIC GUIDELINE: Improving efficiency of ICT operations through performance measurement
5.2.7. STRATEGIC GUIDELINE: Achieving sound balance between external and internal services with emphasis on efficiency
5.2.8. STRATEGIC GUIDELINE: Improving of information security
5.2.9. STRATEGIC GUIDELINE: Improving ICT competencies of end users, ICT staff and management
5.2.10. STRATEGIC GUIDELINE: Harmonizing of ICT business processes and functions through resistant ICT architecture
5.2.11. STRATEGIC GUIDELINE: Introducing diversified communication channels by using modern ICT tools
5.2.12. STRATEGIC GUIDELINE: Motivating well-performing ICT staff
5.2.13. STRATEGIC GUIDELINE: Increasing the level of information available across judicial sector
5.2.14. STRATEGIC GUIDELINE: Improving the fundraising capacities for ICT and efficient fund management
5.2.15. STRATEGIC GUIDELINE: Improving of the functionality and coverage of the judicial sector by ICT systems
5.3. STRATEGIC GOAL: RESOLVING CASES WITHIN A REASONABLE TIME AND ESTABLISHMENT OF AN EFFICIENT AND
SUSTAINABLE SYSTEM FOR RESOLVING OLD CASES, BASED ON THE PRIORITY PRINCIPLE
STRATEGIC GOAL INDICATORS:
1
Concretization of measures and activities, as well as mechanisms for monitoring of implementation (indicators) shall be elaborated in detail in the ICT strategy which is soon to be completed
132
1. Number and structure of judgments of the ECHR against the Republic of Serbia related to the breach of the right to trial within a reasonable time
2. Structure of the breaches of the Convention established in the judgments of the ECHR against the Republic of Serbia – ratio between the number of
breaches of the right to trial within a reasonable time and other breaches of the Convention
3. Number of concluded amicable settlements and issued unilateral declarations due to breach of the right to trial within a reasonable time
4. Depreciation ratio
INDICATOR VERIFICATION SOURCES:
1. Ministry in charge of the judiciary (Sector for Cooperation with the ECHR)
2. Ministry in charge of the judiciary (Sector for cooperation with the ECHR)
3. Ministry in charge of the judiciary (Sector for cooperation with the ECHR)
4. Annual Report on the work of the Supreme Court of Cassation
5.3.1. STRATEGIC GUIDELINE: WIDER IMPLEMENTATION OF THE SIMPLIFIED PROCEDURAL FORMS AND INSTITUTES SUCH AS PLEA
BARGAINING, IMPLEMENTATION OF THE PRINCIPLE OF OPPORTUNITY IN CRIMINAL PROSECUTION AND DIRECTING PARTIES TOWARDS
ALTERNATIVE DISPUTE RESOLUTION METHODS (SUCH AS MEDIATION) WHENEVER ALLOWED BY LEGISLATIVE FRAMEWORK
NO.
MEASURE
5.3.1.1.
Broader application of the institute of
agreement on confession of guilt
ACTIVITY
1. Education of judges and prosecutors in
the field of application of the agreement on
confession of guilt
2. Raising awareness of citizens regarding
application of this institute in regards to
regular criminal procedure
133
DEADLINE FOR
COMPETENT
COMPLETION
AUTHORITY
OF MEASURE
Continuously
Ministry in charge
of judiciary,
Republic Public
Prosecutor’s
Office, State
Prosecutorial
Council, High
Judicial Council,
Administrators of
courts and
prosecutors’
SOURCES
OF FUNDS
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
5.3.1.2.
Broader application of actions based
on the opportunity of criminal
prosecution
5.3.1.3.
Broader application of the method
for alternative dispute resolution
1. Education of judges and public
prosecutors in the field of application of the
actions based on the opportunity of criminal
prosecution
2. Improvement of the programs which
enable successful completion of obligations
and educational orders whose fulfilment is
the precondition for suspension of criminal
prosecution, i.e. rejection of criminal
charges or withdrawal from further criminal
prosecution
3. Raising awareness of the citizens
regarding application of this institute in
regards to regular criminal procedure
1.Improvement of mediation system through
changes of the normative framework and
improved system of training
2.Improvement and broader application of
arbitration
134
Continuously
Continuously
offices, Judicial
Academy
Ministry in charge
of judiciary,
Republic Public
Prosecutor’s
Office, State
Prosecutorial
Council, High
Judicial Council,
Administrators of
courts and
prosecutors’
offices, Judicial
Academy
Ministry in charge
of judiciary,
Judicial Academy,
Courts
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
Budget of
Republic of
Serbia
5.3.2. STRATEGIC GUIDELINE: AMENDMENTS TO THE NORMATIVE FRAMEWORK IN A MANNER THAT WOULD CONTRIBUTE TO
THE REDUCTION OF THE DURATION OF COURT PROCEEDINGS
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Continuation of the work of the working
Medium–term
Ministry in charge Budget of
5.3.2.1. Amendments to the Criminal
of judiciary
Republic of
Procedure Code in the segment which group
2. Preparation of the draft Law
Serbia and
regulates:
3. Public debate
international
-rules and procedures related with
4. Directing the draft Law Government
assistance
delivery of submissions in the court
(IPA 2012)
proceedings, in a way which would
entail narrowing of the scope of
situations when it is considered that
the submission was delivered by
delivery to third persons or by
announcing them on the notice
board;
-more precise and improved
provisions on delivery of summons
via e-mail;
-expansion of legal possibilities for
application of the agreement on
confession of guilt and application of
the principle of opportunity until the
completion of the main hearing
135
5.3.2.2.
Amendments to the by-laws relevant
for improvement of work of court
mailing service in the direction of
change/expansion of working hours,
improvement of organization of the
service and cooperation with postal
and other services significant for the
process of delivery
5.3.2.3.
Improvement of efficiency of the
misdemeanour proceedings through
drafting of the Law on the
Amendments and Supplements
Misdemeanours
5.3.2.4.
Amendments to the Law on Civil
Procedure for the purpose of
improving of efficiency including the
amendments in regards to:
-Possibility of delivering initial
submissions via bailiffs;
-Introduction of the possibility of
recording of hearings using private
cinematographers, upon the initiative
and at the initial cost of the party
which requested the recoding;
1. Establishing of the working group for
undertaking of the analysis of the current
situation and formulating the proposals for
the amendments of relevant by-laws
2. Submission of the report on current
situation and proposals for amendments of
relevant by-laws
3. Changes of the relevant by-laws pursuant
to the proposals of the working group
1. Continuation of the work of the working
group
2. Preparation of the draft Law
3. Public debate
4. Directing of the draft Law to the
Government
Medium–term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
Medium-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(USAID)
1. Continuation of the work of the working
group
2. Preparation of the draft Law
3. Public debate
4. Directing the draft Law to the
Government
Medium-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
136
5.3.2.5.
-Periodical re-evaluation of the
possibility continuation of suspended
proceedings
Amendments to the Law on
Contracts and Torts in the direction
of shortening of the statute of
limitations period for claims
5.3.2.6.
Drafting of the Law on Amendments
and Supplements to the Law on
Enforcement and Security in the
direction of introduction of absolute
statute of limitations for enforcement
5.3.2.7.
Drafting of the Law on Amendments
and Supplements to the Law on
Organization of Courts in terms of
improving of the provisions on the
protection of the right to trial within
a reasonable time
1. Establishing of a working group
2. Preparation of the draft Law
3. Public debate
4. Directing the draft Law to the
Government
1. Continuation of the work of the working
group for the preparation of draft Law
2. Preparation of draft Law
3. Public debate
4. Directing the draft Law to the
Government
Medium-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
Medium-term
Ministry in charge
of judiciary
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project, IPA
2012)
Fulfilled during the drafting of the Action
Plan
Fulfilled during
the drafting of the
Action Plan
Ministry in charge
of judiciary
Budget of
Republic of
Serbia
137
5.3.3. STRATEGIC GUIDELINE: RELIEVING THE BURDEN ON JUDGES IN TERMS OF ADMINISTRATIVE AND TECHNICAL TASK,
WHICH TAKE A SIGNIFICANT PORTION OF THEIR TIME, BY REASSIGNING THEM TO THE ADMINISTRATIVE AND TECHNICAL
STAFF AND JUDICIAL ASSISTANTS BY ENSURING UNIFORMITY OF ADMINISTRATIVE AND TECHNICAL PROCEDURES
THROUGH THE ADOPTION OF THE RELEVANT RULES OF PROCEDURE
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Medium–term
Ministry in charge Budget of
5.3.3.1. Undertaking of detailed analysis with 1. Establishing of the working group which
would undertake the analysis
of judiciary,
Republic of
the goal to make the list of activities
2. Undertaking of analysis
Supreme Court of Serbia and
which may be directed to
3. Submitting the report with the results of
Cassation
international
administrative-technical staff
undertaken analysis with the proposal of
assistance
necessary changes
(IPA 2012)
1. Establishing of the working group which
Medium–term
Ministry in charge Budget of
5.3.3.2. Undertaking of analysis on the topic
would undertake the analysis
of judiciary,
Republic of
of required changes in the field of
Supreme Court of Serbia and
number and educational/professional 2. Undertaking of analysis
Cassation
international
structure of administrative-technical 3. Submitting the report with the results of
undertaken analysis with the proposal of
assistance
staff
necessary changes
(IPA 2012)
Activities shall be defined more precisely
Medium–term
Competent
Budget of
5.3.3.3. Amendments and changes of
once the action plan is updated
Authorities will be Republic of
normative framework in accordance
defined more
Serbia and
with the results of undertaken
precisely during
international
analyses
the updating of the assistance
Action Plan
(IPA 2012)
138
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
5.3.4. STRATEGIC GUIDELINE: INFRASTRUCTURAL INVESTMENTS IN COURTS AND PROSECUTION FACILITIES TARGETED AT
TACKLING THE LACK OF COURTROOMS AND PROSECUTORIAL CABINETS, THEREBY INCREASING THE NUMBER OF TRIAL
DAYS PER JUDGE, REDUCING THE TIME BETWEEN THE TWO HEARINGS AND SIGNIFICANTLY EXPEDITING THE
INVESTIGATIVE PROCEEDINGS
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Ministry in charge Budget of
5.3.4.1. Analysis of infrastructural capacities 1. Establishing of the working group for the Medium-term
analysis of infrastructural capacities of the
of judiciary, High Republic of
of the courts/public prosecutor’s
courts/public prosecutor’s offices with the
Judicial Council,
Serbia and
offices with a focus on the number
focus on the number and equipment of
State Prosecutorial international
and equipment of courtrooms and
courtrooms and public prosecutor’s offices
Council
assistance
public prosecutor’s offices
2. Preparation of the report on the results of
(IPA 2012)
undertaken analysis including the lists of
necessary investments based on the
principle of priority
1. Preparation of the plan for construction
Medium–term
Ministry in charge Budget of
5.3.4.2. Preparation of the plan for
and equipping of new and adaptation of
of judiciary
Republic of
construction and equipping of new
existing courtrooms
Serbia and
and adaptation of the existing
2. Preparation of the plan for construction
international
courtrooms and public prosecutors’
and equipping of new and adaptation of
assistance
offices
5.3.3.4.
Mandatory education of
administrative –technical staff and
regulation of the issue of competence
in the field of their education
1. Preparation of the education curriculum
2. Implementation of education
139
Continuously
Human Resource
Management
Service, Judicial
Academy
5.3.4.3.
Implementation of the plan for
construction and equipping of new
and adaptation of the existing
courtrooms and public prosecutors’
offices
existing courtrooms and public prosecutors’
offices
1. Construction of new courtrooms and
Continuously
public prosecutors’ offices
2. Adaptation of the existing courtrooms and
public prosecutors’ offices
(IPA 2012)
Ministry in charge
of judiciary, High
Judicial Council,
State Prosecutorial
Council
Budget of
Republic of
Serbia and
international
assistance
(IPA 2012)
5.3.5. STRATEGIC GUIDELINE: RE-EVALUATION OF THE ACCOUNTABILITY SYSTEM OF PARTICIPANTS IN COURT
PROCEEDINGS DUE TO ABUSE OF RIGHTS IN PROCEEDINGS WHICH INHIBITS OR HINDERS ITS COMPLETION WITHIN A
REASONABLE TIME
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Fourth quarter of
Ministry in charge Budget of
1. Establishing of the working group for
5.3.5.1. Analysis of the existing normative
undertaking of analysis of the existing
2013
of judiciary
Republic of
framework of the system of
Serbia
normative framework of the system of
responsibility of the participants in
the court proceedings due to abuse of responsibility of the participants in the court
proceedings due to abuse of the rights in the
the rights in the proceedings
proceedings
2. Undertaking of analysis of the existing
normative framework of the system of
responsibility of the participants in the court
proceedings due to abuse of the rights in the
proceedings
3. Preparation of a report on insufficiencies
of the existing system of responsibilities
140
(based on the results of undertaken analysis)
which includes a list of laws and other acts
which require changes and proposed
changes
4. Directing the report to relevant working
groups for amendments of the laws
5.3.6. STRATEGIC GUIDELINE: DESIGN AND IMPLEMENTATION OF UNIFIED BACKLOG-CLEARANCE PROGRAM WHILE
RESPECTING EQUALIZATION OF THE NUMBER OF CASES PER JUDGE, ESTABLISHING A SYSTEM OF ON-GOING HORIZONTAL
TRANSFER AND RELOCATION OF JUDGES AND PUBLIC PROSECUTORS, IN ACCORDANCE WITH THE CONSTITUTION AND WITH
ADEQUATE STIMULATION, AND EFFICIENT MONITORING OF THE OF THE PROGRAM IMPLEMENTATION
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Establishing of the working group for
Fourth quarter of
Ministry in charge Budget of
5.3.6.1. Preparation of uniform program for
preparation of the uniform backlog2013
of judiciary,
Republic of
solving of old cases, pursuant to the
clearance program
Supreme Court of Serbia, and
following principles:
2. Preparation of the draft of uniform
Cassation
international
1. Identification and marking of old
backlog-clearance program
assistance
cases;
(MDTF)
2. Redistribution of resources (human 3. Sending the draft for comments
4. Adoption of the Program
and financial);
3. Automatisation of the case
management process
Activities shall be defined more precisely
Continuously
Budget of
5.3.6.2. Implementation of the uniform
once the Action Plan is updated
Republic of
program for solving of old cases
Serbia
5.3.6.3.
Monitoring of implementation of the
1. Preparation of periodical reports on the
141
Continuously
Ministry in charge
Budget of
uniform backlog-clearance program
dynamics of solving of old cases
2. Analysis of the of periodical reports on
the dynamics of solving of old cases
3. Proposal of the measures required for
improvement of the process for decreasing
of the number backlogged cases
of judiciary,
courts, Supreme
Court of Cassation
Republic of
Serbia and
international
assistance
5.4. STRATEGIC GOAL: ESTABLISHING OF EFFICIENT AND SUSTAINABLE PUBLIC NOTARY SYSTEM
STRATEGIC GOAL INDICATORS:
1. Normative framework improved
2. Chamber of Public Notaries established and management bodies elected
3. By-laws adopted
INDICATOR VERIFICATION SOURCES:
1. Ministry in charge of the judiciary– Sector for Normative Affairs and International Cooperation
2. Chamber of Public Notaries, Ministry in charge of the judiciary
3. Chamber of Public Notaries, Ministry in charge of the judiciary
5.4.1. STRATEGIC GUIDELINE: FURTHER IMPROVEMENT OF THE NORMATIVE FRAMEWORK AIMED AT ESTABLISHING AN
EFFICIENT AND SUSTAINABLE PUBLIC NOTARY SYSTEM
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Establishing of the working group for
Third quarter of
Ministry in charge Budget of
5.4.1.1. Undertaking of analysis of effects of
undertaking of the analysis
2013
of judiciary
Republic of
regulations regarding planned
2. Undertaking of the analysis
Serbia and
amendments and supplements to the
3. Preparing of the report to the Ministry in
international
normative framework
charge of the judiciary on results of the
assistance
142
conducted analysis and on necessary
amendments to normative framework
5.4.1.2.
Drafting of the Law on Amendments
and Supplements to the Law on
Public Notaries for purpose of
expansion and more precise definition
of public notary authorities
1. Establishing of the working group
Fourth quarter of
2. Drafting of the Law
2013
3. Public debate
4.Directing the draft Law to the Government
Ministry in charge
of judiciary
5.4.1.3.
Drafting of the Law on Amendments
and Supplements to the Law on
Extra-Judicial Proceedings
Fourth quarter of
2013
Ministry in charge
of judiciary
5.4.1.4.
Amendments to the Rules on the
Provisional Number of Public Notary
Positions, and on Official Offices and
Public Notary Positions for which a
call shall be announced for the first
100 public notaries, for purpose of
redefining principles of territorial
distribution of public notaries, and
for purpose of creating conditions for
the start of functioning of the
1. Continue the work of the working group
2. Drafting of the Law
3. Public debate
4. Directing the draft Law to the
Government
1. Establishing the working group for the
Rules
2. Drafting of the Rules
3. Directing of the draft text for comments
4. Adoption of the Rules
First quarter of
2014
Ministry in charge
of judiciary
143
(GIZ Legal
reform
project)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project,
MDTF)
Budget of
Republic of
Serbia
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project)
Chamber of Public Notaries
5.4.2. STRATEGIC GUIDELINE: STRENGTHENING THE CAPACITIES OF FUTURE PUBLIC NOTARIES AND ESTABLISHMENT OF
THE CHAMBER OF PUBLIC NOTARIES
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
First quarter of
Ministry in charge Budget of
5.4.2.1. Analysis of the needs and consequent 1. Establishing of the working group for
undertaking of analysis and preparation of
2014
of judiciary
Republic of
creation of public notaries capacity
the plan
Serbia and
building plan
2. Undertaking of the analysis
international
3. Preparation of the plan
assistance
(GIZ Legal
reform
project)
Activities shall be defined more precisely
Continuous
Ministry in charge Budget of
5.4.2.2. Plan implementation
during the updating of the Action Plan
of judiciary,
Republic of
Chamber of Public Serbia and
Notaries
international
assistance
(GIZ Legal
reform
project)
Third quarter of
Budget of
5.4.2.3. Establishing of the Chamber, election 1. Appointment of the first 100 public
notaries
2014
Republic of
of the Chamber bodies and adoption
2. Convocation of the founding assembly
Serbia and
of by-laws required by law
3. Election of the Chamber bodies
international
4. Adoption of the Chamber of Public
assistance
144
Notaries Statute
5. Adoption of the Rules
6. Enacting of the by-law defining the
requirements for release from duty and
removal from Directory of Notary Trainees
and Notary Assistants
7. Enacting of the by-law defining the
criteria for income of notary trainees and
notary assistants, with definition of minimal
income the public notary is obliged to pay to
the notary trainee and notary assistant
8. Enacting of the by-law defining the
minimal income of administrative staff
9. Enacting of the by-law defining the
lowest amount of insurance for which the
public notary signs contract on insurance
from the damages he/she could cause by
performing this work
10. Enacting of the by-law on the amount of
award and compensation for the President of
the Chamber, members of executive and
supervisory boards, disciplinary
commission, disciplinary prosecutor and
his/her deputies
11. Enacting of the Code of Ethics
12. Enacting of the by-law which closely
defines the disciplinary procedure
145
(GIZ Legal
reform
project)
13. Defining parameters and determining
public notary rates
14. Enacting of the by-law on determining
the number of public notary positions and
public notary offices
5.4.3. STRATEGIC GUIDELINE: AMENDMENTS TO THE NORMATIVE FRAMEWORK RELATED TO LEGAL NATURE OF PUBLIC
NOTARIES’ DOCUMENTS (ENFORCEABLE INSTRUMENT)
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Establishing of the working sub-group for Fourth quarter of
Ministry in charge Budget of
5.4.3.1. Undertaking of the analysis for
2013
of judiciary
Republic of
purpose of identifying possibilities for undertaking of the analysis, as part of the
working group for drafting of the Law on
Serbia and
amendments to the normative
international
framework regarding the legal nature the Amendments and Supplements to the
Law on Public Notaries
assistance
of public notary documents
2. Undertaking of the analysis
(GIZ Legal
(enforceable instrument)
3. Submitting report on the analysis results
reform
project)
5.5. STRATEGIC GOAL: ESTABLISHMENT OF EFFICIENT AND SUSTAINABLE SYSTEM FOR ENFORCEMENT OF COURT
DECISIONS
STRATEGIC GOAL INDICATORS:
1. Plans prepared for development of relevant jurisdictions;
2. Program created for training of court bailiffs;
3. Percentage of handled inflow of enforcement cases;
4. Number and structure of the European Court of Human Rights decisions against the Republic of Serbia over non-enforcement of court decisions;
5. Number and structure of the Constitutional Court of Serbia decisions over non-enforcement of court decisions;
146
6. Number of complaints of detainees and persons serving prison sentence related to accommodation conditions, respect of human rights and provision of
health protection services;
7. Percentage of persons serving institutional sentence who are working and taking part in training programs;
8. Percentage of persons engaged in treatments covered by trainings;
9. Percentage of alternative sanctions as per total number of imposed penal sanctions.
INDICATOR VERIFICATION SOURCES:
1. Ministry in charge of the judiciary, Chamber of Bailiffs
2. Ministry in charge of the judiciary, Chamber of Bailiffs
3. Supreme Court of Cassation
4. Ministry in charge of the judiciary
5. Constitutional Court of Serbia
6. Ministry in charge of the judiciary - (Administration for the Enforcement of Penal Sanctions)
7. Ministry in charge of the judiciary - (Administration for the Enforcement of Penal Sanctions)
8. Ministry in charge of the judiciary - (Administration for the Enforcement of Penal Sanctions)
5.5.1. STRATEGIC GUIDELINE: PREPARE AND IMPLEMENT PLANS FOR DEVELOPMENT OF RELEVANT COMPETENCES.
PREPARE TRAINING PROGRAMME FOR BAILIFFS AND TO INTRODUCE EFFICIENT MONITORING OF ITS IMPLEMENTATION
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Establishing of the working group
Third quarter of
Ministry in charge Budget of
5.5.1.1. Preparing plans for development of
2. Preparing of the draft
2013
of judiciary
Republic of
relevant jurisdictions
Serbia and
international
assistance
(GIZ Legal
reform
project, IPA
147
5.5.1.2.
Implementation of the plans for
development of relevant jurisdictions
Activities shall depend on the content of the
plan
Third quarter of
2013
Ministry in charge
of judiciary,
Chamber
5.5.1.3.
Designing of training program for
bailiffs and supervision of the
training implementation
1. Establishing of the working group for the Third quarter of
designing of program that would, among
2013
other things, regulate program and
mechanisms for supervision of the training
implementation process
2. Designing of the draft program
3. Sending the Draft for comment
4. Adoption of the Program
5. Beginning of the program implementation
Chamber, Judicial
Academy
148
2012)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project, IPA
2012)
Budget of
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project, IPA
2012)
5.5.2. STRATEGIC GUIDELINE: DETERMINE COMPETENCES OF THE MINISTRY, CHAMBER OF BAILLIFS AND COURTS WITH
THE PURPOSE OF APPLYING THE LAW ON ENFORCEMENT AND SECURITY AND INCREASING THE EFFECTIVENESS OF
JUDGEMENTS’ ENFORCEMENT IN THE REPUBLIC OF SERBIA
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Third quarter of
Ministry in charge Budget of
5.5.2.1. Undertaking of the analysis of effects 1. Establishing of the working group for
undertaking of the analysis
2013
of judiciary
Republic of
of regulations regarding planned
2. Undertaking of the analysis
Serbia and
amendments to the normative
3. Submitting report on the analysis results
international
framework
to the Ministry in charge of the judiciary
assistance
(GIZ Legal
reform
project, IPA
2012)
1. Continuation of the work of the working
Fourth quarter of
Ministry in charge Budget of
5.5.2.2. Amendments to the Law on
group
2013
of judiciary
Republic of
Enforcement and Security for
2. Drafting of the working text of the Law
Serbia and
purpose of redefining actual
3. Public debate
international
jurisdiction of bailiffs
4. Submission of the draft Law to the
assistance
Government
(GIZ Legal
reform
project, IPA
2012)
1. Adoption of the Rules on Bailiffs' Work
First quarter of
Ministry in charge Budget of
5.5.2.3. Taking over jurisdiction in the field
149
Republic of
Serbia and
international
assistance
(GIZ Legal
reform
project, IPA
2012)
5.5.3. STRATEGIC GUIDELINE: INTRODUCTION OF THE INSTITUTE OF THE ENFORCEMENT JUDGE (A JUDGE FOR OVERSIGHT
OVER ENFORCEMENT OF PENAL SANCTIONS)
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Establishing of the working group for
Third quarter of
Ministry in charge Budget of
5.5.3.1. Harmonization of relevant by-laws
undertaking of the analysis of the needs for
2013
of judiciary, High Republic of
with new legal framework
harmonization of relevant by-laws with new
Judicial Council
Serbia and
legal framework
international
2. Preparation of the report on results of the
assistance
analysis of the needs for harmonization of
(OSCE)
relevant by-laws with new legal framework
3. Directing the analysis to the bodies in
charge of harmonization of relevant by-laws
with new legal framework
4. Adoption/amendment of relevant by-laws
1. Training of enforcement judges in the
Third quarter of
Ministry in charge Budget of
5.5.3.2. Creating of organizational
2013
of judiciary, High Republic of
preconditions for efficient functioning field of the rights of persons deprived of
liberty, modern trends in the field of
Judicial Council,
Serbia and
of enforcement judges
of bailiffs' work supervision, in line
with the Law on Enforcement and
Security
Supervision (analysis and evaluation)
2. Submitting regular reports from Chamber
to the Ministry in charge of the judiciary on
the number and structure of complaints
regarding the work of bailiffs
150
2014
of judiciary,
Chamber of
Bailiffs
5.5.3.3.
Gradual expansion of enforcement
judges jurisdiction, in line with the
best comparative practices
enforcement of penal sanctions and
recognized trends in the field of their
treatment and post-penal integration
2. Creating of the guidelines for
enforcement judges practice, having in mind
different types of facilities
3. Informing persons deprived of liberty
about the existing and possible protection of
their rights in the procedure before the
enforcement judge
1. Establishing of the working group for
preparing analysis and formulating a
proposal for amendments to relevant
normative framework, for the purpose of
expansion of enforcement judges
jurisdiction
2. Preparing report on the results of the
conducted analysis, including proposals for
amendments to relevant normative
framework for the purpose of expansion of
enforcement judges' jurisdiction
3. Directing the report to the bodies in
charge of drafting amendments to relevant
normative framework
151
Medium-term
Judicial Academy
international
assistance
(OSCE)
Ministry in charge
of judiciary,
institutions for the
enforcement of
penal sanctions
Budget of
Republic of
Serbia and
international
assistance
5.5.4. STRATEGIC GUIDELINE: FURTHER ACTIONS ON THE IMPROVEMENT OF THE INFRASTRUCTURE, RESPECT OF HUMAN
RIGHTS AND PROTECTION OF ESPECIALLY VULNERABLE GROUPS IN ORDER TO ENSURE SAFE AND HUMANE CONDITIONS OF
IMPRISONMENT, WITH ADEQUATE PROVISION OF HEALTH CARE AND IMPROVEMENT OF TREATMENT AND TRAINING OF
CONVICTED PERSONS
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Ministry in charge Budget of
5.5.4.1. Improvement of infrastructure in the 1. Building of new facilities and correctional Continuously
institutions
of judiciary,
Republic of
field of enforcement of institutional
2. Reconstruction of accommodation
Administration for Serbia and
sanctions
capacities in line with European standards
the Enforcement
international
3. Analysis of financial savings and
of Penal Sanctions assistance
introduction of modern technologies
(IPA 2013,
Programme of
Norwegian
bilateral
assistance of
the
Government
of the
Kingdom of
Norway)
1. Continuing work on education of all
Continuously
Ministry in charge Budget of
5.5.4.2. Improvement of respect of human
of judiciary,
Republic of
rights of persons serving institutional employees in the Administration in the field
of human rights protection;
Administration for Serbia and
sentence, especially improvement of
152
protection of particularly sensitive
categories for purpose of safekeeping
in humane conditions
5.5.4.3.
Improvement of health protection of
persons serving sentence in a facility
2. Establishing sustainable system for
informing persons deprived of liberty about
their rights and ways to protect those rights;
3. Improving of physical conditions in
facilities and solving overpopulation of
correctional facilities in line with the
Strategy for Reduction of Overpopulation in
Facilities for Enforcement of Penal
Sanctions in the Republic of Serbia for the
period from 2010 to 2015;
4. Developing new programs for treatment,
training, professional development, and
occupational therapy assistance for
particularly sensitive categories of persons
(women, juveniles, disabled, mentally
disabled, addicts)
1. Based on the adopted Systematization of
work positions in the Administration for the
Enforcement of Penal Sanctions, fill out the
health workers’ positions in all facilities;
2. Continue initiated reconstruction of
Special Prison Hospital and spaces used for
health protection in other facilities, and
ensure regular acquisition of medicines and
materials and medical equipment;
3. Improve the system of dental protection
for all convicted persons in the facilities;
153
Continuously
the Enforcement
of Penal
Sanctions, Judicial
Academy
international
assistance
(IPA 2013,
Programme of
Norwegian
bilateral
assistance of
the
Government
of the
Kingdom of
Norway)
Ministry in charge
of judiciary,
Administration for
the Enforcement
of Penal
Sanctions,
Ministry in charge
of health
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013,
Programme of
Norwegian
bilateral
assistance of
the
5.5.4.4.
Improvement of the treatment of
convicted persons
4. Form a section for enforcement of
security measures and mandatory keeping
and medical treatment of juveniles in the
Correctional Facility in Kruševac;
5. In cooperation with the Ministry in charge
of health, provide medicines for treatment of
HIV/AIDS, Hepatitis C, tuberculosis and
substitution therapy for addicts;
6. Provide continuous training of health
workers for implementation of harm
reduction programs for addiction and
prevention of sexually transmitted and
blood-borne diseases and tuberculosis, and
ensure program sustainability in the system
of penal sanctions enforcement
1. Improve unified strategy and guidelines
Continuously
in the field of treatment and preparation for
release of the convicted, as well as
implementation of appropriate treatment
programs for various categories of convicted
persons
2. Continuous training of the treatment staff
with focus on reconsideration and
amendment of treatment programs,
application of specialized programs and
programs ensuring better social reintegration
and acceptance of the convicted persons
154
Government
of the
Kingdom of
Norway)
Ministry in charge
of judiciary,
Administration for
the Enforcement
of Penal
Sanctions, Judicial
Academy
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013,
Programme of
Norwegian
bilateral
assistance of
the
Government
5.5.4.5.
Improvement of training of persons
serving sentence in a facility
after their release from the facility
3. Creation and introduction of specialized
treatment programs focused on prevention
of addiction to psychoactive substances,
anger management, for perpetrators of
sexual and gender-based violence, as well as
specialized programs for sensitive categories
of convicted persons (juveniles, women,
those serving long-term sentences, persons
with special needs, elderly, mentally
challenged, etc.)
4. Determine mechanisms for cooperation
and exchange of positive experiences and
good practices among enforcement
institutions
5. Ensure adequate professional
development for all employees participating
in implementation of treatment programs.
1. Creation of a concept for introduction of
Continuously
professional education and trainings in the
treatment programs for persons deprived of
liberty and for creation of necessary
conditions for its implementation on the
level of the whole system for enforcement
of penal sanctions.
2. Establishment of continuous cooperation
with the ministry in charge of education,
155
of the
Kingdom of
Norway)
Ministry in charge
of judiciary,
Administration for
the Enforcement
of Penal
Sanctions,
Facilities for the
Enforcement of
penal sanctions
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013,
Programme of
Norwegian
bilateral
through the "Second Chance" project, for
purpose of acquiring of primary school
education.
3. Undertaking of the analysis of production
capacities and of the existing types of work
in all facilities for enforcement of penal
sanctions, as well as analysis of the existing
financial operations of economic units for
purpose of real assessment of their
efficiency. Based on the results of analyses,
it is necessary to reorganize the Office for
Training and Engagement. Also, it is
necessary to understand the real production
capacities of facilities for enforcement of
penal sanctions and examine possibility for
their engagement through various forms of
public-private and public-public
partnerships which would reduce problems
of doing business in market-oriented
economy
4. Improve working conditions in all
facilities and ensure that there is a hygienic
and technical work protection in line with
prescribed standards.
5. Creation of judicial and institutional
preconditions for introduction of
opportunities for acquiring primary and
156
Ministry in charge
of Science and
Education
assistance of
the
Government
of the
Kingdom of
Norway)
secondary education during the time served
5.5.5. STRATEGIC GUIDELINE: UNDERTAKING MEASURES TO FURTHER DEVELOP AND WIDELY IMPLEMENT ALTERNATIVE
SANCTIONS AND IMPROVEMENT OF TRAINING AND PROFESSIONAL EDUCATION OF EMPLOYEES IN THE ADMINISTRATION
FOR EXECUTION OF CRIMINAL SANCTIONS
Taking measures for purpose of further development and wider
application of alternative sanctions and improvement of training and professional development of employees in the Administration for the
Enforcement of Penal Sanctions
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Employment of new staff for the work on Continuously
Ministry in charge Budget of
5.5.5.1. Improvement and wider application
of judiciary,
Republic of
enforcement of alternative sanctions and
of alternative sanctions
measures;
Administration for Serbia and
2. Expanding the network of commissioner
the Enforcement
international
offices and creating new organizational
of Penal
assistance
framework in line with new legal solutions
Sanctions, Judicial (IPA 2010)
Academy
and with increased needs in the system of
enforcement of alternative measures and
sanctions;
3. Raising awareness about alternative
sanctions of state administration
representatives (so that they can provide
necessary conditions for their
implementation), judges (who are to
pronounce such measures), citizens (so that
they accept those measures);
4. Training for persons performing judiciary
157
5.5.5.2.
Improvement of training and
professional development of
employees in the Administration for
the Enforcement of Penal Sanctions
functions, commissioners, authorized local
police officers and others who are to
participate in implementation of alternative
sanctions;
5. Preparation of pilot-projects for
establishment of new modes of alternative
sanctions (those which require supervision
and those which require lower level of
supervision during enforcement);
6. Harmonization of mechanisms and
coordination regarding enforcement of
alternative sanctions, as well as undertaking
of short-term and long-term cost-benefit
analysis;
7. Provide conditions for commissioner’s
office to be able to provide adequate support
to convicted persons after serving their
sentence, for purpose of their efficient
reintegration into society
1. Creation of the new Rules on Training
and Professional Development of
Employees in the Administration for the
Enforcement of Penal Sanctions;
2. Reconstruction and expansion of existing
capacities and legal regulation of facilities
of the Centre for Training and Professional
Development in Niš;
158
Continuously
Ministry in charge
of judiciary,
Administration for
the Enforcement
of Penal
Sanctions, Judicial
Academy
Budget of
Republic of
Serbia and
international
assistance
(IPA 2013,
Programme of
Norwegian
3. Purchase of additional teaching materials
in order to ensure efficient educational
process;
4. Selection and education of teachers in the
Training Centre
5. Defining clear tasks and procedures based
on which all employees shall be included in
professional development in the system of
enforcement of penal sanctions in the
Republic of Serbia. That includes
determining priority needs of employees for
training and professional development,
creation of annual plan for training and
professional development, selection of
trainees, selection of trainers, evaluation of
the quality of education, etc.;
6. Continuation of creation, implementation
and evaluation of plans and programs for
training and professional development, with
harmonized priority areas;
7. Establishment of Coordination Body for
monitoring of the results of work of the
employees in the Human Resource
Administration, and planning of human
resources
159
bilateral
assistance of
the
Government
of the
Kingdom of
Norway,
OSCE)
5.6. STRATEGIC GOAL: FURTHER DEVELOPMENT OF INTERNATIONAL LEGAL COOPERATION IN THE FIELD OF JUDICIARY
STRATEGIC GOAL INDICATORS:
1. Improved normative framework in the field of international legal cooperation in criminal matters;
2. Improved normative framework in the field of international legal cooperation in civil matters;
3. Number of bilateral agreements of the Republic of Serbia on international cooperation in the field of judiciary;
4. Number of international organizations in which the Republic Public Prosecutor's Office takes active participation;
5. Number of international organizations in which High Judicial Council takes active participation;
6. Number of international organizations the member of which is the Republic Public Prosecutor's Office;
7. Number of international organizations the member of which is the High Judicial Council;
8. Established coordination body for cooperation in the field of international legal assistance in criminal matters;
9. Improved work of the Council for International Private Law;
10. Strengthened technical capacities for coordination, providing and monitoring of international legal assistance in criminal matters;
11. Number of implemented trainings/number of judges and public prosecutors included in trainings on international cooperation in the field of judiciary.
INDICATOR VERIFICATION SOURCES:
1. European Commission’s Progress Report on the Republic of Serbia;
2. Report of the Ministry in charge of the judiciary;
3. Annual report of the High Judicial Council;
4. Annual report of the Republic Public Prosecutor's Office;
5. Annual report of the Council for International Private Law.
5.6.1. STRATEGIC GUIDELINE: DEVELOPMENT OF COOPERATION IN THE FIELD OF INTERNATIONAL LEGAL ASSISTANCE IN
CRIMINAL MATTERS
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Continuation of the work of the working
Fourth quarter of
Ministry in charge Budget of
5.6.1.1. Improvement of legislative
160
framework through amendments and
supplements to the Law on
International Legal Assistance in
Criminal Matters
5.6.1.2.
Improvement of international legal
framework – increase of number of
concluded international agreements
5.6.1.3.
Strengthening of technical capacities
for coordination, provision and
monitoring of international legal
assistance in criminal matters
5.6.1.4.
Strengthening of professional
group
2. Drafting of the Law
3. Public debate
4. Directing the draft Law to the
Government
1. Intensifying direct international
cooperation through conclusion of bilateral
agreements in the field of international legal
assistance in criminal matters
2. Intensifying direct international
cooperation and legal assistance through
signing of court memorandums of
understanding with appropriate bodies of
foreign countries
3. Intensifying direct international
cooperation and legal assistance through
signing of prosecution memorandums of
understanding with appropriate bodies of
foreign countries
1. Improvement of technical capacities of
the Republic Public Prosecutor's Office
through introduction of LURIS program for
electronic filing, processing and monitoring
of cases of international legal assistance in
criminal matters handled by public
prosecutor's office
1. Implementation of a cycle of training of
161
2013
of judiciary, High
Judicial Council,
Republic Public
Prosecutor’s
Office
Ministry in charge
of judiciary, High
Judicial Council,
Republic Public
Prosecutor's
Office
Republic of
Serbia
Continuously
Republic Public
Prosecutor's
Office
Budget of
Republic of
Serbia and
international
assistance
Continuously
High Judicial
Budget of
Continuously
Budget of
Republic of
Serbia
capacities of subjects of international
assistance in criminal matters
public prosecutors on the topic of
international legal assistance in criminal
matters
2. Implementation of a cycle of training of
judges on the topic of international legal
assistance in criminal matters
3. Organizing national and regional
conferences for all subjects of international
legal assistance in criminal matters on the
topic of providing international legal
assistance in criminal matters;
4. Exchanging experiences and best
practices through study tours to foreign
countries and international organizations
1. Establishment of the coordination body
2. Beginning of work of the coordination
body
3. Periodic reporting on the work of the
coordination body
Council, Republic
Public
Prosecutor's
Office, Judicial
Academy
Republic of
Serbia and
international
assistance
Medium-term
Government of the Budget of
Improving coordination and
Republic of
Republic of
cooperation of state bodies of the
Serbia,
Serbia
Republic of Serbia in provision of
Coordination body
international legal assistance in
criminal matters through
establishment of coordination body
5.6.2. STRATEGIC GUIDELINE: DEVELOPMENT OF COOPERATION IN THE FIELD OF INTERNATIONAL LEGAL ASSISTANCE IN
CIVIL MATTERS
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
1. Continuation of the work of the working
Third quarter of
Ministry in charge Budget of
5.6.2.1. Improvement of legislative
group
2013
of judiciary
Republic of
framework
5.6.1.5
162
5.6.2.2.
Improvement of international legal
framework – increasing of the
number of signed international
agreements
5.6.2.3.
Strengthening of professional
capacities of subjects of international
legal assistance in civil matters
5.6.2.4.
Improving coordination and
cooperation of state bodies of the
Republic of Serbia in provision of
international legal assistance in civil
matters through improvement of the
2. Drafting of the Law
3. Public debate
4. Directing the draft Law to the
Government
1. Intensifying direct international
cooperation through signing of bilateral
agreements in the field of international legal
assistance in civil matters
2. Intensifying direct international
cooperation through signing of court
memorandums of understanding with
appropriate bodies of foreign countries
1. Implementation of a cycle of training of
judges on the topic of international legal
assistance in civil matters
2. Organizing national and regional
conferences for all subjects of international
legal assistance on the topic of providing
international legal assistance in civil matters
3. Exchanging experiences and best
practices through study visits to foreign
countries and international organizations
1. Expansion of jurisdiction of the Council
for International Private Law
2. Intensifying the work of the Council for
International Private Law within its
expanded jurisdictions
163
Serbia
Continuously
Ministry in charge
of judiciary, High
Judicial Council
Budget of
Republic of
Serbia
Continuously
Ministry in charge
of judiciary , High
Judicial Council,
Judicial Academy
Budget of
Republic of
Serbia and
international
assistance
Medium-term
Government of the Budget of
Republic of
Republic of
Serbia, Council for Serbia
International
Private Law
work of the Council for International
Private Law
5.6.3. STRATEGIC GUIDELINE: ACTIVE PARTICIPATION IN THE WORK OF INTERNATIONAL ORGANIZATIONS IN THE FIELD OF
JUDICIARY
DEADLINE FOR
COMPETENT
SOURCES
NO.
MEASURE
ACTIVITY
COMPLETION
AUTHORITY
OF FUNDS
OF MEASURE
Active participation in the work of
Continuously
Ministry in charge Budget of
5.6.3.1. Active participation in the work of
international, European and regional
of judiciary,
Republic of
international organizations in the
Republic Public
Serbia
field of judiciary, in which the bodies judiciary organizations (UNODC, OSCE,
CCPE, SEEPAG, etc.)
Prosecutor's
of the Republic of Serbia have
Office, High
member status
Judicial Council
Joining / ensuring full membership in
Continuously
Republic Public
Budget of
5.6.3.2. Joining – ensuring full membership
organizations such as EUROJUST, EJN
Prosecutor's
Republic of
in international organizations in the
Office, High
Serbia
field of judiciary, in which the bodies
Judicial Council
of the Republic of Serbia do not have
member status
Done - green colour
In proces - yellow colour
Not started - red colour
Not in our jurisdiction - dark blue colour
164